City Council - Regular Meeting

Is Josh here? Want to talk to Christie? [clears throat] [snorts] Okay. Is 555. We do have a public hearing tonight. Um we have two items on that um on that public hearing and they both are about the same property. Um before I I read those uh if you would like to speak on um on on this property. Um once I read it, please step to the podium and state your name and address. You have three minutes to speak. Um there'll be a light system on the podium there. they'll let you know u sort of how much time you have left. And I'll say this during the city council meeting as well, but uh so if you if you speak, please speak to us. Um and we do ask everyone to respect every speaker. Uh no clapping, booing, those kinds of things. Uh no matter what people's opinions are um uh please allow them to speak and and have their three minutes. Um so I'll read these two. Number one is a quest by John Deandria for future land use plan amendment approval for about 11.46 46 acres at 519 Mayfield Road from RXH to RPO and Ward One. Plan Commissioner recommend approval by vote of 100 at their February 24th meeting. This reference ordinance number 267375. Number two, request by John Deandria for reszoning approval for about 11.46 acres at 519 Mapill Road from RD9 [snorts] and RXH to RPO in Ward One. Plan Commissioner recommend approval by vote of 100 at their February 24th meeting. This references orders number 267376. So would anyone like to speak on this? Okay. Seeing none, I will declare the public hearing closed and we will begin

the scheduled city council meeting in a few minutes. Thank

[snorts] think it's on here. No talking.

Okay, this is clock time for tonight's meeting. Uh before I call me to order, I do have an announcement about the agenda. Orders number 267398. Ordinance number 267398. That's number six in our new business is being revised and [clears throat] um the revisions in section 12104 5D and the sections being revised states once a citation has been issued under this ordinance a second or subsequent offense may result in the issuance of a stop work order during which developer shall meet with staff to discuss the issue. So that is the the paragraph that is being revised. Um, so when we get that point, if you guys have questions, um, feel free to ask. And with that, I will call the meeting to order. Lastly, Clark to lead your invocation.

That's right. Thank you for this day. Just thank you for the sunshine that we've had today. Just thank you for the rain that we received the last few days. And just be with this council as they conduct business with the city tonight. just that whatever we do that we will honor you and just watch over and protect us in Jesus name I pray. Amen. I pledge allegiance to the flag of the United States of America and to [clears throat] the republic for which it stands, one nation under God, indivisible with liberty and justice for all.

Roll call, please. here. Ashley here. Camille Bdon here. Chris, [clears throat] here. Phil Morehead here. Mayor Bale, you have a quorum. Thank you. Uh, we also have minutes. We have minutes in the March 17th regular call city council meeting. Motion to approve. Second. Have a motion by councelor Morehead, second by councelor Carmarmac. Any discussion on those minutes? All in favor say I. I. Any opposed? Thank you. And also from the March 19th work session. Motion to approve. Again, motion by councelor Carmarmac, second by councelor Morehead. Uh discussion on those minutes. All in favor say I. I.

Any oppose? Thank you. Okay. Now, it's time communication with some citizens. So, if anyone would like to speak uh speak to us tonight. Uh now's the time to do that. And um as I said before, you have three minutes to speak. Uh there's a light system there to help you with your your your time. And um we do ask everyone to be respectful to the speakers. And uh no applause or or booing, please. Go ahead.

My name is Alex Bueller. I live at 103 North Cland Street in Lebanon. And I came tonight. I want to thank six people or six men that work for the city of Lebanon. I know back a year ago, the state came out and put sidewalks in and absolutely destroyed some of my property. And these guys came out last week in 3 and 1/2 days did a tremendous job and really made it like it was uh when I could mow it. Uh and those guys are James McPeek, Matthew Cooper, Hunter Canessa, I believe I and Josh Davis, Zack Sadler, and John Sandler. and mayor. I'd also like to thank Lee Clark and you as mayor for sending a great crew out there and I hope these guys get recognized for it. I tell them that uh I really appreciate what they done and uh they were very courteous and very professional. Uh I tried not to bother them because I didn't want them to get after me with a shovel. But, uh, [laughter] they, uh, they took the time to explain to me what they were doing. And like I say, they were very professional. And I hope I know it's budget time. I've been up there trying to do one for eight years. And I know it's hard. But these guys are an asset to this city and y'all need to do all you can to keep them because it good help is hard to find. But these guys really know what they're doing. And if you know me, you know I'm impatient and I'm really particular. Uh, so if I'm bragging on them, they worth every penny you paying them. So if I had enough money, I'd pay them a little more. So thank you and

good night. [snorts] Thank you. Anyone else?

So, my name is uh Ronnie Holland and I'm a resident of Walker Lane. I've uh own property out there for 35 years and the Canancer's property is directly across the street from my property. My property is my livelihood. It's going to be my legacy to will to my children. And I adamantly oppose a sewer plant right across the street from me when I was counting on the value of my property to keep increasing until I'm dead and gone. So, I just want to be on the books. I adamantly oppose that property being taken for sewer plant. Thank you.

Thank you. Anyone else? No.

Hi, I'm Andrea Morris. Um, I reside at 1248 Curtis Drive. I have lived in the Kohl's Fairy Village neighborhood since the early 2000s when my family moved to Lebanon when I was in 8th grade. I proudly bought my own home in the same neighborhood, two roads from my mother uh in 2016. Today, Koh's Ferry Village is currently surrounded by five different construction sites. We have a clear undeniable enforcement issue in the city regarding before hours and after hours construction violations. I gave the city staff over a month to find a solution to this problem behind the scenes, but the sheer lack of communication and engagement with a concerned neighbor forced my hand. Filing public records request, organizing on social media, speaking to the news. None of that is necessary if we simply have open dialogue and if the laws of our town are actually enforced. I know a revised draft of ordinance 267398 was circulated this afternoon. I want to acknowledge whoever is responsible for fixing the stop work order language which was my main concern to keep those enforcement tracks separate and for clearing up the jurisdiction concerns. That is a necessary corrective action. In fact, that's all I asked for back at the beginning of March. Moving forward, we need to ensure there's a clear public process so people in Lebanon know how to exactly report these violations. But my primary concern with tonight's draft is the subjective language that remains.

This ordinance still says the city may act. It says the police may citations. It says the building official may issue stop work orders after 14 months of what I can say is near zero enforcement despite my 15 calls to the non-emergency police number. Despite my video recording of violations, despite multiple dump trucks driving around the clock next to my home, it seems like those calls for help have gone unanswered. There should be no more warnings issued to multi-million dollar developers. I'm asking the city to go on record guaranteeing this ordinance will actually be enforced. It is deeply disheartening as a longtime resident to watch our city be overrun by national developers who care strictly about profit and not people. I ask you to demand strict enforcement from your staff and protect our neighborhoods. Thank you.

Thank you. Anyone else like to speak? Hello, my name is Penelopey Mason and I live on Christopher Drive in Kosfair Village and that's my daughter and she is a firestorm but and I'm proud of her because she made this made the city aware of this issue and we're glad that something is being done. I sent all of you an email this morning just expressing also my concerns about what we've seen from developers in our neighborhood using Christopher Drive as a cutthrough between one site and another using uh Tucker Tries as a main construction road when we don't really feel like that should be used and you have taken steps to correct those problems and we appreciate that. But my response that I got today was basically well you knew this was coming so get over it. Well, we've got five construction sites around us. We've been dealing with a lot of construction and just orange barrels and all kinds of stuff for several years now. So, what I would request is in future when you are looking at the planning commission or you're considering new sites for development, consider the residents that already live there and how many sites you are approving because it's overdevelopment and it wears us out. We're tired of construction in that area. So that's my request. I would also love to request a moratorum on on town homes and apartments in this area. I know that Mount Juliet has done that. I know that Sumar County has done that and I know now Gallatin is doing something about infrastructure because it all needs to be looked at. Not just development, development, development. There needs to be a plan. and I know you've got a plan, but I don't know that you've surveyed your people to see if they approve of

your plan. So, those are my requests, but also just to let you know that another voice to say Coast Fair Village is tired of having to deal with the developers. Thank you. Anyone else like to speak?

[snorts] [clears throat]

Hello, my name is Cindy Katzer Etherly and I'm one of the three siblings that owns the property on the corner of Hartman and Koulsferryy. Um, we do not want our land annexed into the city, nor do we want it turned into property for a sewer plant. Our family sold seven acres recently to Jones Bummit School so that we could have two good schools there in our area. I don't think those parents want their students walking out or playing on the playground every day facing the sewer plant. Our family also lost property to the first sewer plant. our father and our uncle on that property that was taken by imminent do domain and at that time we were told oh there'll be no smell no problem we'll just take your land state came through and took property off my parents and my grandparents' farm for the road that went through to 231 forcing my aunt who Hartman used to dead in in her front yard she was elderly and didn't want to move or build a new house. We picked her house up and moved it across the farm and we set it down and on Walker Lane, which sits next to my sister's house. We have family residences besides our neighbors that are here on Walker Lane also. So, I encourage everyone to consider that. I know that you've had other options that are there that you can put your sewer plant on besides taking our property. Thank you. Thank you. Anyone else?

Derek Dson, 106 Chapman Drive. Since my topic today is beyond three minutes, I'll hopefully present the second half in the future. Thankfully, Mayor Bale has a history of when having made a nitwit decision then correct course correcting here in my hand is proof of the latest example. I now present the summarized past history. The Sportslex contract went to a company that had never built ball fields and there was little effort to have a bid process and the three current and three current city councilors were complicit. But the specifications and bid process effort for the next phase of the sports are textbook right on target per the public city document. Kudos. Now I segue from that example of from dysfunction to course correction to this. The raw land between 231 north and where North Hartman now begins in the Dr. Horton development. There appears to have been zero effort by any of you to fix the city required inadequate front setback issue regarding that raw acre acreage whereby a coming boulevard section of North Hartman will go through those raw acres and in light of the inadequate front setback that already exists with the 38 built houses in the next Dr. Horton section of North Hartman. And between [clears throat] those 38 houses are six street intersections into that section of North Hartman. Six street intersections into North Hartman in less than a half a mile. That is city planning insanity. March 25th, Mayor Bell state of the city address. I paraphrase and interpret his comments regarding my topic tonight. He

said because of the coming expansion of North Hartman between 231 North and Hartsville Pike and thereby the connection to Sparta Pike to I40, then the city can divert significant tractor trailer traffic away from the town square, meaning that part of 231 north. That means adding significant tractor trailer traffic traveling at up to 45 miles an hour through the Dr. Horton neighborhood six street intersection and as close to h close to houses as I'm standing here a little further than councelor Carmarmac. Keep in mind that last September mayor Bill publicly stated to a TV reporter that it was also his significant responsibility not to screw up the future livability of this city. Again, that's half of it. See you next time. Thank you.

Anyone else? Good evening. My name is Christy Chastain. I reside at 4464 Colts Fairy Pike and I'm basically here because of I know it's not on the agenda, but it's the Canasters property. Back in on January the 20th of this year, there was a final reading on the Maple Hill development of the Tatum property and the uh property on the other side. And at the 1 hour 54 minute and 25 second mark, Miss Santana stated that the sewer plant is currently producing at only 70% average capacity and that there was a current rehab project to reduce storm water which would actually make it even more effective. So my question is why are we wanting to annex land like a drunken sailor and build a sewer plant which obviously back in January when this council approved another huge development it wasn't needed. How can it be needed all of a sudden in four months? So that's that's all have I have to say and thank you for your time.

Anyone else?

My name is Kevin Heronomous. I just found out about this uh canaster land about three hours ago. Um I own land adjacent to it and uh and like I said, just found out about it and it doesn't make any sense to me why this city would consider land in the city so close to inside the city for a sewer plant. Typically, I know it's got to go someplace, but uh upstream from a lot of development that will be happening. I think 60ome years ago, uh, Mr. Bell, I was talking to you a couple years ago and it was like they probably should have put it downstream closer to the river then. Yes, they should have. Anybody that knows basic ge geology and which way water flows, it goes downhill. So, it makes no sense to be putting it at a major intersection, major area across from a school. Uh, put it down, you know, around the city square. Doesn't make any sense to me. uh rural area, out of sight, out of mind. Even where it's at now, you know, it's quite an eyesore. And I think just doing it here is completely not thought through. Uh closer to the river makes a lot of sense. Find some rural land where you can build it and have it out of sight as best that can be had. I think makes a lot of sense. This is prime real estate. Having the prime roads going through and around Lebanon and across from a school, I think it's a terrible, terrible decision. Thank you.

Good evening, Kevin Lester, uh 3511 Koh's Furry Pike. Um my thoughts thoughts are not a lot different than Kevin's. Um, I always try to be balanced and and yes, we have a business across from there and it's an open air market. That sort of reeks of why, okay, I wouldn't personally want that. That's really not what my thoughts are right now. Um, it seems more that a main road that we've worked hard to create, Hartman Drive for a purpose, going to go all the way to 231. Um and then at a major intersection of that main thoroughare does not seem like the place that you would logically want to expand your sewer. Um but I do agree with Kevin that if you move it away from where you're already bustling, you know, you could grow to it and and it is close to the river. You don't pump it back to the city only to turn around and send it back to the river. So it I guess I'm I'm asking for some caution and some slowdown. I don't even know where this is. I learned about it today as well. So I don't know where we stand in that decision is so I really want to say can we slow down to make a really good because I'm I'm a little ignorant right now of where it stands. But I do want to voice concerns about that being the ideal place. Thanks.

Thank you. My name is Jerry Epley. I'm married to the one of the siblings that own that 52.2 acres. Okay. That everybody's up in a uproar about we got to build a sewer plant all of a sudden. Okay. I've got a solution. You already own your land. It's out at the city dump site. There's 30 acres out there that you already own. You could use it. And there's also another 530 acres out there or so that you can annex and put put you a big sewer plant out there on 600 and something acres that city and the county already own. So you don't have to put it right inside the city limits. You already own some land out there. Go out there and survey it. Look what you need to put on it and go ahead and build it. It don't have to be inside the city limits. Y'all are looking at annexing something that we don't want annexed right now. We're we're looking at future growth on that piece of property. And already we don't have a a a solution to a problem that they created. the city did by coming in and taking some road frontage off of a piece we own catted corner to this piece of property. And I've asked four times for meetings and a solution and that hadn't done nothing and and we're just getting tired of it getting a runaround. People need to solve problems instead of creating them. Okay? and to answer it and oh, I thought we already owned that piece of land. You

don't own it unless you've purchased it. Okay, so that's my two cents for tonight. And I hope you would consider your own property that you already own out on 231 and put the sewer plant out there. It's 1.6 six more miles to pump it out there and refine it and then you can pump it back and put it into the line to go dump it down by the sportsman's club. So there's your solution. So we don't have to keep looking. Okay. Thank you. Thank you.

Good to see everybody again. Philip Donald, 914 Maple Hill Road. Andy probably remembers what we went through about getting that that polished sewer water pumped five miles out to the Cumberland River. And it's interesting that here we are about 20 years later and we've got a a racetrack that has sewer and all of us out in the county on Maple Hill Road that are about a mile as the crow flies from the wastewater treatment plant, we don't have it. That's a little absurd to me. So, if we're talking about growth, we need to move this a little bit closer to the river so we're not trying to pump more waste or polished water out to the river than 5 miles. And I I'm trying to wrap this. I just got a phone call about this. That's I I came in late this meeting cuz I got that phone call a couple hours ago and where I was told that this would go. We would have to directional bore underneath the creek yet again because we've already done that on our property to take it out to the Cumberland. So, why not move this like like we've heard some folks talk about. Let's let's move this further out and closer to the river. Maybe we can start, you know, servicing some some more people that have been here for a while and some more property and and uh obviously there's some folks here that are hungry for real estate. There's a lot more land out that way that that you could build these uh super developments on and instead of Maple Hill Road, but I appreciate y'all's time and consideration.

Thank you. Anyone else? Okay, seeing none, I'll move on to my comments. Um, first is I do have an announcement tonight that um uh we'll we'll advertise this more as we get closer, but uh on US 231 South um there's going to be some work done on the railroad crossing near Newbie Street. Uh, so there will be a road closure out there and that road closure will be uh from Friday, May the 1st at 8:00 p.m. to Tuesday, May the 5th at 5:00 a.m. Uh, and that's U T.R.J. Corman um uh project and they're supporting us to get that railroad crossing smoothed out. Uh so again, um we'll have message boards out there installed in advance for public notice. Uh there'll be traffic control and there'll be detours in place. um during that closure. But just let everybody know that 231 South from um May 1st 8:00 until May the 5th at 5:00 a.m. uh there will be railroad crossing work being done out there and the road will be closed. So everyone please be prepared for that. Um also tonight um I have some sad news. Just a few days ago, u counselor, some of you may have seen on social media, but our former grant writer, uh, Anthony Tate, uh, passed away suddenly. Um, um, Anthony, um, when I first became mayor, he worked here. office is across the hall from mine and and u it was always good working with Anthony and and he was he was he was a great guy and uh so I just want to pray for his family and um this was a sudden loss for them and uh so please please keep them in your prayers and with that it's all I have counselor

Carmarmac I appreciate you coming to speak we've communicated for months now over over the issue out there um the revised version was something where I had emailed you about in reference to talking with staff yesterday or the day before one and um they have worked all day. The police chief, Kristen, the mayor, Lee, everybody has been involved in making sure this is correct. Um I wanted to make sure that that one revision was added in there and they they did add that in at the last minute and I was hoping that would make everyone out there happy. Um I try to respond to everyone as much as I possibly can and I hope that this will be the best resolution for y'all possible. As far as the developments out there, I didn't mean for the email to come across that way, but um they all was zoned back in the 90s. I know the one across the street where this pool used to be, I couldn't do anything about it. They renewed their plats. Um former mayor Craighead had the other ones and sold it to Century Homes. I that was before my time. Mr. Beer out there probably could tell you something about that. I don't I couldn't. But um I I I didn't have any control of that being built. I live right across from y'all and I hear it every day and it's actually getting closer and closer to me and the Greens. So, I I feel your I sympathize with y'all, but I hope tonight we can correct it. Um, Regina, as far as the comment that was made about the capacity of the sewer, can you make a statement about that, please?

Sure. So, I think at the um council meeting in question when the Maple Hill Road property Yes, ma'am.

was getting annexed. Um, I made the statement that we were at 75% monthly average capacity of our plant. that is accurate and that is what we have on average. It would be um it's impossible for us to wait until we are at 100% capacity before we start planning for the future and start constructing the plant. The plant will take probably three to four years to even build. It's taken a couple years to design. Um before we even started design, two or three years before that we were talking about what we needed to do. started looking at options. So, it's not something that we can just wait until we are at capacity at the plant and we've got overflow issues and and things like that. So, it's not something that we just woke up and decided we were going to start doing and build a new plant.

Okay. Thank you for that. And as far as the location that the new sewer plant could possibly go, now that I've heard from everyone that has spoken, I didn't know that your property and your family had been impacted. This would be what, the fourth time, right? Um, so we might want to look at a different location if this has happened to them four times during their family owning the property. Um, it's in it's in Ward One and I'm blessed with having the sewer plan in Ward One. And Regina has done well with getting the smell down. Of course, you're never going to have to have it at zero with the old plant, but we may need to explore looking at another place for another board to get the sewer plant. We could put it in Jerry. No, [laughter] but that's all I have. Thank you all for coming out. Bill said he wanted it down in six.

Thank Thank you, Councelor Ashlin. A couple of things. I wanted Kristen to remind us about exciting news about sidewalks. And I know that we need to go to a couple of council meetings, but can you remind everyone about sidewalks that are going to be started this summer?

Yes, ma'am. We um just got a notice proceed for construction from T DOT on a sidewalk repair project that's been around for several years now. We've been working through um it will restore and replace sidewalks on um North College between Market and the bypass East Market on the north side from Main Street to Owen Street I believe. Um Seal Maner on the north side and University on the north side. And there there's been sidewalks there in the past. So these are they've been um you know reclaimed by nature I guess. So we're uh we finally got the notes received for those. So um it'll be out to bids starting next week. Um and then after we have those bids and it'll come to you all for you know approval of that. We got to get through the T dot. It's got state and federal funding. So there's kind of you know check boxes that we have to go through for that. But good news um that we should be starting construction end of June, early July. So, I know we've been waiting on those for a long time.

Sure. Um, a couple of things that I've noticed that I wanted to suggest. Um, I wanted to know whether there's any plans to replace the sports complex sign. I feel like mayor made that one in his garage and somebody got him some letters. [laughter] I I'll let Lee take take this over, but he he's Lee has been working on a sign. So, uh, but Lee, you want to give an update on that? [laughter] Uh we did make that in the garage, but uh not far. But anyway, we do have I've had a I guess been working with the mayor. We trying to look at a couple different designs to try to bring to y'all of a more permanent sign.

Okay. And I I realized it was probably temporary. The other thing that I wanted to comment on the wraps that we've put around the power boxes, I think they look great. The only problem is the concrete underneath them is really dirty and so all I do is stare at the dirt. Uh, is it possible that maybe we stain that concrete, maybe a soft black or something to or power wash them or something? Let us take Let me take a look at pressure washing them first. I looked at the ones at Mount Juliet and the mount the ones in Mount Juliet are painted a soft black and they're a much better look. Okay, just an idea. Let me take a look at them.

Okay. And then the final thing that I had, I wanted to have a shout out for our police department. And I've had some ongoing issues in my ward regarding um drug activity. Um I've had some ongoing issues with just some really disruptive code issues, some dogs that have been concerning and things of of this sort. um commercial trucks going through neighborhoods and they have really been stepping it up. Uh I've gotten a lot of feedback from people in my ward that are very grateful that these issues have been addressed. Um, on a side note, um, I have been bothering Mike about an opportunity to watch a SWAT, uh, encounter, and I was able to watch a SWAT encounter from a safe distance, and it was like just the most fascinating. I am so impressed with our police department. Uh how well trained our officers are, the thought process and the training process and the um practice that went into that. Um it was like in the movies I thought I was going to have an absolute heart attack and I felt like for two days afterwards I was still going to have a heart attack. But uh it was just so impressive and I'm so happy that we provide them with the resources that they need to be safe um to effectively execute those types of issues and again the bottom line is you know these are the real efforts that keep people safe and I think the you know one of the more important issues. So, I wanted to really commend our police department, uh, those guys that that execute those. I mean, they're just

studs. That's all I can say and and and I appreciate them. All right. Thank you, Council Ba.

Yes. Um, I want to, um, reiterate prayers to Anthony Tate's family. I had the opportunity to go through leadership Middle Tennessee with him and uh what a great guy, inspirational and very positive person and I was blessed to work with him uh in my time here on the council and with him up in the city. So, um you know, my heart goes out to his family that they're really big shoes um that [clears throat] will be filled for both our city and uh Hendersonville where he was from. Um, thank you Kristen and to finally getting a Hill Street paved. Um, it looks great. Um, I think we may need to look at maybe some uh speeding that's going on there again and I know we're still working um on possible sidewalks. So, um, that is still in the works, but thank you for the paving. It needed it bad. Um, the other thing I want to bring up is not in my ward, but it was on the public hearing today. It was actually in Ward One. I had gotten several calls regarding the property um that we were talking about reszoning. Um, and I believe it's being used for a commercial business. Um, I've been sent pictures and I have seen a truck, you know, trucks there. So, um I'm going to at the time, uh vote to defer it until we can find out what the real use is there because I don't believe there should be c commercial commercial businesses inside residential areas. Um that's [snorts] how I feel feel about that. Um and that's all I have for today.

Okay. Thank you, Councilor Brian. I don't have anything, mayor. Thank you.

Thank you, Morhead. Uh just I too have a shout out. Uh I have a neighborhood that is in my ward was having a problem with a developer who had gone dormant for a number of years, left the road still with the binder coat, never finished them. Uh HOA called me. We got together. Then I talked to the developer and it didn't seem like sides are in agree. So uh asked staff if we could get together. So I had Kristen, Regina, Maddie, we all got together in the council chambers here and had a good talk. hopefully that we'll get things moving here. But I just want to kudos to staff for helping put everything together so we can make that happen and uh make that neighborhood those folks happy. Uh the other thing I want to do is thank Lee again for cleanup. I know they're still going around this week and next week. Uh there's a tremendous amount of debris to be cleaned up and from what I have seen so far, they're doing a great job staying on top of that. One last comment uh I want to share with Jerry. I know our police department does a great job. I've had ride alongs. I would also give kudos to our fire department. And if you really want to know how they work, have a couple middle of the night accidents where you call 911 and then you really get to see them in action and they they they do a very fine job. So, thanks to the fire department as well.

They'll let you do ride alongs with them as well. [laughter] Councilman Burton done it when I was first elected out of session three. All right. Thank you. next coming to go on the fire truck. Greg did not have fun. He did not like it. [laughter] It too. And it was fun.

All right. Thank you. Uh we have a consent agenda. Has 15 items on it. I'll read each one of those. Horse number 267377, second reading to authorize a budget amendment for the sewer collection department by Regina Santana Utilities Director. Or number 267378. Second reading to authorize the budget amendment for the water distribution department by Regina Santana, Utilities Director. 267379. Second reading to authorize budget amendments for general maintenance by Lee Clark, public works director. Horse number 267380. Second reading to authorize a budget amendment for the street department by Lee Clark, public works director. Or number 267381, second reading, authorize budget amendments for the garage by Lee Cart, public works director. Horse number 267382, second reading to approve and adopt modifications to certain fees for the fire marshall's office and to amend the relative sections of the Lebanon municipal code by Jason Barrett fire chief and Edward Felts fire marshal. Number 267383 second reading to authorize amendments for the police department for Mike Justice, police chief. Horse number 267384 second reading to authorize budget amendments for the wastewater treatment plant by Regina Santana utilities director. Horse number 267386 second reading to approve a budget amendment for the airport to roll over funds for runway improvements RT Bowwin assistant public works director 267387 second reading to approve a budget amendment for the airport to combine funds for the north terminal apron and SC development project by RT Baldwin assistant public works director and Lindseay Wolfenbar finance director number 267388 second reading authorize a budget amendment for the emergency services unit by Mike Justice Police Chief. Worse number 267390, second reading to authorize the purchase of property at 1225 at Unrest Canal Street by Christian Rice, executive director of engineering and planning and Lee Cart, public works director. Orders

number 267391, second reading to approve and adopt modifications to certain fees for the planning department. Christian Rice, executive director of engineering and planning and Josh Staley, senior planner. Or number 267392, second reading to approve a budget amendment for the city hall building maintenance of Lindseay Wolfenbar, finance director. Or number 267393, second reading to approve the purchase of a drone and to authorize the related budget amendments for the engineering department by Christian Rice, executive director of engineering and planning. Mattie Neely, engineering services director of development. Motion to approve. Motion by councelor Carmarmac, second by councelor Brian. Discussion. All in favor say I. I.

Any opposed? Thank you. Now to new business. Ordinance number 267375. First reading to amend the future land use plan of the city of Leven, Tennessee by changing 519 Mapill Road from RX8 mixed housing to RPO rural preservation open space in Ward One. Request by John Deandria. Motion to defer. Second. Motion by councelor Berdine. A second by councelor Ashley. Discussion. Um, this is the first I've been made aware of it having commercial use as I spoken to Mr. Deandre. Is he in audience? No. Okay. Um, it I I was told it was for storage purposes, but you say you have pictures.

Pictures to the planning department and the council members as well. I will. Okay. Thank you. Um, I think that would make an issue, wouldn't it, Kristen, if it was it would have it can't be commercial uses in this zoning.

That's correct. So, some background on this and I'll do my best to kind of explain where we're at. And Christiey's here too if I have any gaps, but um so he's wanting to build a 5,000 foot horse barn, which is not allowed in the current zoning that he has as an accessory use. Those maximum size for an accessory unit is 700 square ft. And so that it went to BZA. BZA um said they needed to apply for reszoning to RPO, which is rural preservation. Um, under RPO, they would be allowed to do plant and forest nurseries. Um, which is I don't know what he's doing there, but he cannot run a business out of there. A landscape business. He can

He's already built the barn. He can do other agriculture uses um with RPO, but not a landscape business. He's saying he already has built the barn. Is that correct? Yes. So, yes. So, this is an additional barn that he's put in the back. That's correct. It's the one that's already built. It get built without being res without us doing this. I believe he built it without that level of permission. [clears throat] Excuse built it without permission. Okay. He built it without telling us. Okay. Gotcha. Okay.

Information on that. It did go to BCA. It's coming to you as um variance for BZA three zoning. That was what they put on there. As far as what he's using it for, we know what he's told us. Well, it's being used for a business and it was built without permission. So, I'm asking for it to be deferred. Christie might have something to add if that's all right if she Sure. [clears throat]

my knowledge the barn was built then they had to come to BCA for that request that you know that the barn was built prior to any um approvals. So they went to the board of zoning appeals. They were um granted a variance on the condition that they reszoned to a rural preservation open space which allows for agricultural use. They do have a horse farm there. So, it would go with that use in that location. At the meeting in the minutes for the board of zoning appeals, they spoke about the use on the land and it was brought up that there may be some landscape business there and they were told that that that use would not be allowed on the property. So, um, as we stand now, it's, um, they've requested the reszoning, and this is just how the process works.

So, to be clear, a landscape business is not allowed in any of these zonings, the current or the post, if that is what he's doing.

Vote. Okay. Any further discussion? Okay. Um so we have a motion to defer. Uh all in favor say I. I. Any opposed? Thank you. Or 267376 first read amend the official zoning atlas of the city of Lemon, Tennessee by changing 519 Maple Hill Road from RD9 duplex residential 9000 and RX8 mix housing to RPO rural preservation open space in Ward 1. Request by John De. Andrea. Have a motion by councelor Carmarmac, second by councelor Berdine. Discussion. Camille, how long do you want the deferral next meeting?

Uh, I think it probably needs to go back to planning. I I'm going to say two meetings because we need to put that for the record, right? Uh, it would be best. Yeah. To to like establish a next meeting date. So, for the last one we just did, how much how far you want to go back? month. 30 days. 30 days. Yeah. 30 days. We'll say the first meeting in May. Yeah. I know that it needs to go back to planning unless you want them to look at something. They they [clears throat] have sent it to you. [snorts] Unless I mean Okay.

Well, I I guess my question to you, Andy, is they they built it without permission. They've gone to BOSA. They're using it for something they're not supposed to be using it for. They didn't ask permission to begin with, but we've let it now go through planning and we've let it go through BOSA. I mean, where should we put it? I mean, we've just had a talk tonight about how we need to enforce things. Where should you put it?

Yeah. I mean, where should it go back to? I mean, for a landscape business, it would be under a a commercial use. I think some industrial it would be to um as far as enforcement they had started enforcement that's where this started is with enforcement zoning enforcement and so it would start back with Paty and go through that process which is a a longer drawn out process but it would go through our typical zoning enforcement process but was the truth told that they had not gotten permission and I mean because it says right here that um planning said yes planning said yes and boza specifically said not commercial. That's correct. So, Mhm. Yes. So, it's two audited.

This is kind of following up on what was just addressed in public comments. If if the staff has or Paty's been out there, why has a citation not been issued if a building they went to BZA to get a variance for the size of the accessory unit? So, so, so they built they built the barn without permission from the city, from us. It got built. We realized it Paty in her job of zoning building, you know, inspections, saw it, cited them, they have the right to go to Boza, okay,

to ask for a variance or whatever Boza rules. and Boza said that since they've already built the barn, they need to reszone the RPO. That was Boza's decision. So then they start the resoning process which took them through planning commission which planning commission voted yes and now it now it's here. So, you know, which you guys, you know, have the right to defer, approve or deny, if this is eventually denied, um, or if it's approved, I would I would think Passy's job is to go out there and make sure that they get cited for run a business where they out of zone. Right.

That's correct. They're not allowed to run a business like this out of an accessory unit either. So it would continue to be. So neither zoning is going to go allow them if they're actually running a business out of not for a landscape business. They can do nursery. Okay. Um they can um I believe you know store some things in there but not run a landscape contractor business. And then do we do any inspections on the building now? I mean since it since it was built without I mean does anybody ever look at it to even see if it was built to code? I didn't check that before coming to this. I'm just curious on that. been out to see if a business is in there.

I don't believe she's been in [clears throat] the property and asked them. We know what he's told us in the BZA minutes. Um it was a horse farm and he would store some farm equipment in there. So this we this is we know what we've been told, right? She's just brought a lot of these pictures that she has, right? Like I said, send those out because if it's they've been sent to Josh. If it's a business, then that's a whole another issue for for coach, I guess. And I was alerted by someone in that area.

I I I think that you're doing the proper thing tonight by deferring it um to whatever meeting you guys want to defer it to. I think ultimately, you know, for the applicant, Boza essentially made them go through this resoning process. Um, now, you know, as you guys can do with that what you want as city council, ultimately, if they are running a business out of there, we're going to have to deal with it. Uh, regardless of what whether you keep the same zoning or change the zoning, okay?

Uh, we're going to have to deal with that. But um you know the quest was placed upon them by Boza and that's why it's here. But I I do think that deferring is the proper thing to do to look further into it. But you know it's Pat's job to go out and see if people running businesses on out of zone and if if they're doing that then they'll they'll be cited. She's handled it for me several times. So okay I'm good. Then it was to the first meeting in May. So that's your motion to defer this one to the first meeting in May. Okay. All right. Uh, any further discussion? All in favor say I. I.

Any oppose? Thank you. Or number 267394, first reading to approve the Lebanon Municipal Airport Commercial Operator lease agreement with R3 Aviation Services LLC by RT Bowwin, assistant public works director. Motion to approve. Second. Motion by councelor Carmarmac. Second by councelor Ashley. Discussion. All in favor say I. I. Opposed. Thank you. Ort 267395 first reading to approve budget amendments for the fire department to cover expenses for the remainder of the fiscal year by Jason Barrett fire chief. Motion to approve. Second. Motion by councelor Morehead. Second by councelor Ashley. Discussion. All in favor say I. I.

Any opposed? Thank you. 267396 first reading to approve a budget amendment for the water department relative to the locker room renovation project CL20413. or Gina Santana, utilities director. Motion second. Motion by councelor Carmarmac. Second by councelor Ashley. Discussion. All in favor say I. I. Any opposed? Thank you. Order number. This is one that's revised. Ordinance number 267398. The first reading to amend titles 11 and 12 of the 11 municipal code to delete section 11414D and to amend section 12104 by Chris Rice, executive director of engineering and planning and Mike Justice, police chief. Motion to approve as revised. Second

motion by councelor Carmarmac, second by councelor Ashley. Discussion. I just ask that um now that we're changing this, I hope it clears everything up and makes it a whole lot more simple to go out and site. And now that it says issue a citation, not convicted, it just says issue two citations and then you can do a stop work order. Correct. Okay, I'm good with it. Okay, any further discussion?

Well, I I just wanted to say I appreciate everybody coming and speaking out. that is important to us. Um, not just to receive emails and when I first was made aware of this. We um were told that it was being handled by the attorney and our mayor. So, if you didn't get a response back from the council because it was told to us that it was being handled internally. I agree with what has been written up and hopefully we'll be able to enforce force this.

Okay. Any further discussion? Miss Morrison, just for the record, Miss Morrison, I stay in pretty good communication often and Miss Penelopey as well. Um, they're kind of the spokesperson of that area and I I commend them for what they do over there. And, um, this is something that does need to be addressed. And I was going to ask the construction routes, they we've discussed how they kind of change up, but Tucker's Trice, is that going to be a main one or no? Are you moving it?

We tried to split them up. There's a lot going on. We've tried to make it so everyone uses a different route to not overwhelm any one particular road. Um, so we've done our best to spread the pain around. We know it's it's painful. It's construction. Um, but we've tried to to minimize as much as we can the impacts to residents. So, we'll continue to do that. Okay. Thank you. All in favor say I. I. Any opposed? Thank you. [snorts] Ordinance number 267399 first reading to authorize the transfer of funds pursuant to the public private partnership agreement approved by orders number 257218 by Lindsey Wilson Barter finance director move

motion by councelor Brian second by councelor Berdine discussion all favor say I any opposed thank you [snorts] number 267400 first reading to authorize the transfer of funds pursuant to the public private partnership agreement Approved by orders number 236764 by Lindsay Wolfenbar, finance director. Motion to approve. Motion by councelor Carmarmac. Second by councelor Ashley. Discussion. All in favor say I. I. Any opposed? Thank you. 267401. First reading to approve budget amendments for the highway and street department to cover expenses for the remainder of the fiscal year by Lee Clark, public works director. Motion to approve. Second. Motion by councelor Morehead. Second by councelor Carmarmac. Discussion. All in favor say I.

I. Any opposed? Thank you. 267402. First reading to approve the public private partnership agreement with the Marquee LLC for utility improvements in and around the historic town square by Rick Bale mayor. Motion to approve. Second. Motion by councelor Berdine. Second by councelor Carmarmac. Discussion.

I just wanted to talk a little bit about this project. I've been working for years on it and real excited for um Al and his family. They are uh working on putting a boutique hotel and restaurant on our square and look forward to repurposing that area. Um and you know all our taxpayers do have a right uh to public utilities. So I'm glad we're finally going to uh get something done for him. And I will add that over the weekend I was in the piano store on the square and um had a tour of that and they repair pianos there and they have one from the 1870s uh that's going to go into this this business. U so I thought that was interesting. So we have one business on the square that's doing work for another one. So I thought that was thought that was neat.

Any further discussion? All in favor say I. I. Any opposed? Thank you. 267403 first reading to approve a memorandum of understanding with Wilson County Road Commission Superintendent regarding the installation of a sewer line in Lone Oak Road by Regina Santana Utilities Director. Motion to approve. Second by councelor Carmarmac. Second by councelor Ashley. Discussion. Where's Lone Oak Road? It's way out in the county off of uh Couchville Pike.

Okay. South. Any further discussion? [snorts] All in favor say I. I. Any opposed? Thank you. Resolution number 262836 to authorize the single source purchase of replacement truck for the sewer department by our Gina Santana utilities director. Motion to approve. Second. Councelor Morhead. Second councelor Carmarmac. Discussion. All in favor say I. I. Any opposed? Thank you. Resolution number 26, 2837 in support of the T deck brownfield redevelopment area grant application by Christian Rice, executive director of engineering and planning and Lee Cart, public works director. Motion to approve. Second,

Max second by councelor Ashley. Discussion. All in favor say I. I. Any opposed? Thank you. And uh with that's end of our agenda and we are ajourned.