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Job Application for Lowes New Store Nashville Tn

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					                                       CITY COUNCIL MEETING
                                               April 3, 2007
        The City Council met in regular session in the Town Meeting Hall of the City of Lebanon
Administration Building at Castle Heights.
                                                **********
A Public Hearing was held at 6:03 p.m. for
        1)      Adopting a Plan of Services for property owned by SEM Associates, LLC, generally located
on the south side of Quarry Loop Road west of Highway 109 (Map 55, Parcels 46.00 and 46.01) containing
approximately 23.19 acres, the subject of the annexation identified in Ordinance No. 07-3100 by the City of
Lebanon, Tennessee (reference Resolution No. 07-1315), by Magi Tilton, City Planner.
        No citizens chose to address the Mayor or City Council regarding this Public Hearing issue.
        2)      To annex certain property owned by SEM Associates, LLC, generally located on the south
side of Quarry Loop Road west of Highway 109, into the City of Lebanon, Tennessee (Map 55, Parcels
46.00 and 46.01, containing approximately 23.19 acres as shown in the records of the Assessor of Property
of Wilson County, Tennessee) (reference Ordinance No. 07-3100), by Magi Tilton, City Planner.
        No citizens chose to address the Mayor or City Council regarding this Public Hearing issue.
        3)      Zoning the parcels of land being annexed by Ordinance No. 07-3100 owned by SEM
Associates LLC, generally located on the south side of Quarry Loop Road west of Highway 109, M-2 (Light
Industrial) (Ward 6) (reference Ordinance No. 07-3101), by Magi Tilton, City Planner.
        No citizens chose to address the Mayor or City Council regarding this Public Hearing issue.
        The Public Hearing adjourned at 6:04 p.m.
                                                **********
        Mayor Don Fox called the Regular City Council Meeting to order at 6:05 p.m.
                                                **********
        Invocation was given by Tim Hill, Jimmy Floyd Family Center Director.
                                                 *********
        Personnel Director Jim Henderson led the Pledge of Allegiance to the United States Flag.
                                                **********
        Council members present:        Alex Buhler, Kevin Huddleston, William Farmer, Joe Hayes,
Haywood Barry and Kathy Warmath. Also present were Hal Bittinger, Commissioner of Finance and
Revenue; Andy Wright, City Attorney; and Jaci Diebner, Council Secretary.
                                                **********
        Motion was made by Councilor Warmath, seconded by Councilor Hayes, to approve the minutes of
the March 20, 2007 Regular Called City Council Meeting.
        Motion carried unanimously. Minutes were approved.
                                                **********
Communication from Citizens:
        Citizens chose not to address the Mayor or City Council.


                                                      1                                 04/03/07
                                                  **********
Communication from the Mayor:
        Mayor Fox expressed his appreciation for all the kind expressions of sympathy, flowers and support
given to his family after the passing of his sister, Christine Fox Haney. Ms. Haney passed away last week and
funeral was last Tuesday. The Mayor said it meant so much that everyone came together at that difficult time
and showed such support.
        The Mayor encouraged everyone to come participate in the Easter Egg Hunt at the Ward Agricultural
Center on the Fairgrounds, on Saturday, April 7, 2007. The Easter Bunny arrives at 10:00 a.m. and children
can have their pictures made with him for $1. The Easter Egg Hunt will be divided into various age groups:
from 0-23 months which begins at 10:15, 2-3 years at 10:30 a.m., 4-6 years old at 10:45 a.m., 7-8 years old
at 11:00 a.m., 9-10 years old at 11:15 a.m., and finally at 11:30 there will be a hunt for children from 11 years
old to adults up to 111 years of age. Adults are included because in past years, they participated, so adults
have been included in the hunt as well. The Mayor joked that if someone older than 111 comes they will be
sure to be included. Prizes will be given for the most colorful egg, the ugliest egg and the cutest egg. Bicycles
are included in the prizes. He invited kids of all ages. The Mayor encouraged everyone to be on time.
        Mayor Fox has been elected to serve on a Government Policy Committee for Natural Gas. The
Meeting is held May 8-10 in Washington, D.C. He welcomed a Council member to replace him on the Policy
Committee at the Meeting. Councilor Warmath replied it would be hard for her to go due to her heavy work
schedule. Councilor Farmer didn't believe he would be able to do it. Mayor Fox also announced he would
be attending a Meeting in Knoxville, on June 10-12 for the Tennessee Municipal League. On May 20-24 he
will be attending the ICSC Meeting.
                                                  **********
Reports from Committees/Alderman/Officers:
        1)      City Attorney Andy Wright has provided the Council with some information regarding classes
coming up and requested approval, pursuant to Resolution 07-1303. Mr. Wright asked that the Council
approve the following:
        1)      to attend a CLE on Real Estate Closings on May 17, 2007;
        2)      to travel to Knoxville, for a one night hotel stay and attendance at the Tennessee Municipal
                Attorney's annual summer conference June 11; and
        3)      for the tuition fee for attendance to go through the Leadership Wilson program.
        Councilor Farmer asked Attorney Wright if these meetings were included in the budget. Attorney
Wright informed him that his Education and Training budget would easily accommodate these.
        Motion was made by Councilor Farmer, seconded by Councilor Buhler, to approve the travel
requests by Attorney Wright. Motion carried unanimously. Approval was granted.
        Councilor Farmer asked that the letter from Attorney Wright to the Council Members, dated April 3,
2007, be included in the Minutes, to show specifically what the Council approved.
        2)      Commissioner of Finance and Revenue Hal Bittinger had discussed the General Fund at the
Finance Committee Meeting yesterday morning and he requested approval to post a position and hire a meter


                                                        2                                  04/03/07
reader. The position has been vacant for two months. It takes about six weeks to train a meter-reader to be
able to work on his/her own. The meter-readers are getting behind on their workload and summer vacations
and holidays are coming up. Mayor Fox reminded the Council that they were going to revisit the hiring freeze
the beginning of April.
        Mayor Fox believes the City is in a position now to lift the hiring freeze. The Mayor had frozen most
of these positions even before the Council made the Resolution.
        Councilor Warmath questioned how much money had been saved by the hiring freeze to date.
Commissioner Bittinger informed the Council during the three months approximately $150,000 had been
saved by the hiring freeze as a whole.
        Councilor Buhler advised that this is also the time when seasonal positions should be hired, which
includes Parks and Recreation, as well as the Floyd Center.
        Councilor Farmer suggested that Resolution 07-1303, which was passed several months ago, should
be revisited at the next Council Meeting, on April 17, 2007. Delaying the lifting of the hiring freeze, until that
time, would allow Commissioner Bittinger to present a report on the current financial position of the City. The
Councilor suggested that perhaps at that time, if things look as expected, the Resolution could be lifted for the
rest of the year.
        Mayor Fox has already asked Commissioner Bittinger to write a Resolution for the April 17, 2007
Council Meeting, rescinding Resolution 07-1303.
        Councilor Warmath suggested that, Parks and Recreation Director William Porter, and the Floyd
Center Director Tim Hill, have their list of people that need to be hired, at the next Council Meeting.
Personally, she does not feel as if the problem has fixed itself yet.
        3)          Commissioner of Public Works Jeff Baines announced he also needed about four or five
positions filled. He has held off hiring these positions because of the hiring freeze. Public Works is at the point
now, that this is the busiest time of the year. He has submitted a memo to the Council, which requested lifting
of the hiring freeze for various Public Works Departments. It has become necessary to hire a stormwater
position, which receives no general funds and is funded by development fees. Public Works is also in need of
two positions in Maintenance and a position in the Garage. The general fund and utility departments fund
these positions. They are full-time positions, which are in the budget and these people are needed now.
Commissioner Baines expressed the need to get the Stormwater Tech hired. Councilor Buhler believes he
should go ahead and advertise for that position because it will take at least two weeks to get that person hired.
        Motion was made by Councilor Farmer, seconded by Councilor Hayes, to allow posting of the
Stormwater Tech position. Motion carried unanimously. Commissioner of Public Works Jeff Baines will post
the position and hire a replacement.
        Mayor Fox stated that the City would have another year of declining sales tax revenues. This is due to
the fact that Lowes, Wal-Mart and Home Depot are currently building stores in Mt. Juliet. The sales tax
revenues should be back up the following year. He also announced there are some tremendous "things on the
bubble" coming our way soon. Even though the City may have some $750,000 surplus in the General Fund, it
will be eaten into.


                                                          3                                  04/03/07
           4)     Purchasing Agent Lisa Lane submitted a memo to the Council. She reported that effective
May 14, the postage rate would go up from 39 cents to 41 cents. Also to gauge the amount of postage, the
thickness of the envelope must be measured. The City must purchase an insert, which goes into the current
postage machine, to be able to handle those changes. The cost of the insert is $3,612 and is a one-time cost.
It will take about five hours for it to be installed in order to run the postage through at the new rates.
Commissioner Bittinger advised her, since this was not projected in the budget, permission was needed from
the Council to purchase the insert.
           Motion was made by Councilor Huddleston, seconded by Councilor Buhler, to allow the purchase of
an insert for the postage meter. Motion carried unanimously. Permission was granted.
           5)     Councilor Alex Buhler asked Commissioner Baines about the construction of the 8" water line
on Coles Ferry, which has been going along for almost a year. He asked if that were a job that the City has
contracted out to someone. Commissioner Baines responded that it had been contracted out. Councilor
Buhler asked the Commissioner to check on this because he has received several complaints from citizens that
their yards are being torn up. Commissioner Baines explained he had already spoken with them about this,
but he will check on it. The Commissioner said they are actually attacking the final clean up now and it is our
project.
           Councilor Buhler asked that the streetlights inside the Square be rehabbed and/or painted. His main
concern is that the boxes have loose wires hanging out. Commissioner Baines will have the Maintenance
Department do something about this.
           6)     Councilor Kevin Huddleston asked Commissioner Baines if he had a chance to look at the
ditch line on Trousdale. Commissioner Baines reported it had been cleaned out once several years ago, but
has not checked it recently. Mayor Fox suggested that Codes Director Patsy Anderson is the Health Officer
and she needs to go over there and see what needs to be done. Councilor Huddleston would also like to get
with Ms. Anderson after tonight's Meeting to discuss some other issues with her.
           Councilor Huddleston has received two complaints from women who do not feel safe walking at the
Don Fox Park. Apparently there are some men lurking in the bushes and using it as a pick up place. There
was a suggestion that perhaps an Officer could patrol that area. Commissioner of Public Safety Billy Weeks
said it has been addressed. He mentioned that the Police Department has not received any calls reporting this.
           7)   Councilor William Farmer asked Commissioner Baines to have someone remove the debris from
the Square at the building between the Old Courthouse and Gay Street. He was under the impression that the
City had remodeled the building, but was informed by Commissioner Baines that the property owner had
remodeled it. The City was only involved doing the asphalt driveway and the sidewalk. There is trash in that
area that has been there for months. Commissioner Baines will have it removed.
           8)     Councilor Joe Hayes had no comments.
           9)     Councilor Haywood Barry thanked Codes Director Patsy Anderson for her report on the
trees. He hopes that something will be done about whoever is responsible for the butchering of the trees.




                                                          4                                   04/03/07
        Councilor Barry appreciates the report he got from Councilor Huddleston regarding the Library.
Councilor Huddleston stated that Mr. Harding wanted it passed out to the City Council so that before the
budget time, they would understand the importance of the Library.
        10)     Councilor Kathy Warmath passed out some information and pictures of the trees that were
butchered at the Cemetery. Councilor Warmath, Magi Tilton and Patsy Anderson have been working
together in the last several weeks to come up with a plan to save the trees. In order to do tree conservation,
you have to think about why they are important and what can be done so that they will not be cut down. The
utility easement has allowed people to come in and flatten all the trees. In doing so, they basically, butchered
them. Trees are nature's dust mops, and are important for smog reduction, air temperature control, noise
pollution and many other things. Something that has been around for forty years can be demolished in the
wink of an eye by a careless move. Some of the trees are not by a utility easement, but just a little bit of an
inconvenience. Many communities are doing Ordinances so that when they bring in site plans, they mandate
that ribbons are put around trees so that the workers have to work around them. A lot of times in a PUD the
developer will flatten an entire area and then come back and plant a little shrub or little saplings that none of us
or our children will ever see grown. She feels that we should consider that, "one thing that makes your
community better is when you have got nice green spaces." She added, "It is important to remember that we
have people who like to eat lunch under a tree, and don't forget about your tire swing." In other words trees
create millions of dollars of air remediation. She reminded everyone, "We need to be cognizant that chainsaws
do not need to be our first thought process." Mayor Fox advised the Beautification Commission is looking at
doing a City of Lebanon Tree Board to oversee this type of thing. The Mayor mentioned that the Cemetery
also needs to be looked at.
        Councilor Farmer asked that Councilor Warmath's presentation literature be added to the Minutes.
He suggested that the City write a letter to Middle Tennessee to complain and ask them not to hire contractors
who hate trees. Councilor Farmer believes that what has happened at the Cemetery borders on criminal.
Mayor Fox stated he would write them a letter.
        Councilor Buhler advised, "Ms. Warmath has made a lot of excellent points, but if you are going to
consider green space, then we are going to have to start looking at some of our Zoning Ordinances. Density -
high - low. It seems like we are just bringing houses in here and cramming them on top of each other as close
as we can get them. I don't know what the answer is, but we need to start looking into that and hold some
green space."
        Codes Director Patsy Anderson informed the Council that the Beautification Commission has
extended an invitation to a representative from Middle Tennessee to come and speak either sometime this
month or in May. She will inform the Council so that they can attend. She has already given them a heads up
that the invitation is going to be about the trimming of the trees. She mentioned that Franklin is also
experiencing some of the same problems that the City of Lebanon is having.
        Councilor Warmath thanked the Street Department for picking up the items on the side of the road
that people have left for pick up.




                                                         5                                   04/03/07
        11)     Commissioner of Finance and Revenue Hal Bittinger reported that they have been preparing
the budget for next year and will start the budget work sessions next Tuesday, April 10, at 5:00 p.m., in the
Town Meeting Hall. The Commissioner will have a budget of the General Fund delivered to each Council
member Thursday afternoon, which will give the Councilors time to study it and decide what questions they
may have. During the Finance Committee Meeting, Councilor Buhler had requested that they have longer
meetings so that they would not be so choppy and people would not forget what had been said at the last
meeting. He announced they would try to have a three-hour meeting on Tuesday night from 5:00 p.m. to 8:00
p.m. Food will be served. The topic of the meeting will be an overview of the General Fund Budget,
Revenues, Public Works and Public Safety. Mayor Fox announced some people would not be there because
there is a training session in Nashville on Planning and Growth.
                                                       **********
Old Business:
        Ordinance No. 06-3069, first reading, to replace Title 22 of the Lebanon Municipal Code designated
as the “Code of Ethics” with a new Title 22: Code of Ethics, by Andy Wright, City Attorney.
        Motion was made by Councilor Warmath, seconded by Councilor Buhler, to defer said Ordinance on
first reading. Motion carried unanimously. Ordinance was deferred until next Council Meeting on April 17,
2007, and a work session prior to the Meeting.
                                                       **********
        Ordinance No. 07-3086, second reading, to adopt the Land Use Plan Update for the City of
Lebanon, replacing only the Land Use Portion of the Growth Management Plan, by Magi Tilton, City Planner.
        Withdrawn by Magi Tilton.
                                                  **********
        Resolution No. 07-1315, adopting a Plan of Services for property owned by SEM Associates,
LLC, generally located on the south side of Quarry Loop Road west of Highway 109 (Map 55, Parcels
46.00 and 46.01) containing approximately 23.19 acres, the subject of the annexation identified in Ordinance
No. 07-3100 by the City of Lebanon, Tennessee, by Magi Tilton, City Planner.
        Councilor Warmath asked for clarification purposes, if this were part of the Cherry Farm and was
informed by Commissioner Baines that it is not.
        Motion was made by Councilor Warmath, seconded by Councilor Farmer, to pass said Resolution.
        Councilor Barry asked Commissioner Baines if the property was still subject to sewer fees and if so,
what is the amount of the new fees. Commissioner Baines advised that it would be subject to sewer fees,
although the new fees have not been passed as of yet. Currently the fees are $2,200 per acre, if the City runs
it over there. They are working on revising those fees and it may be ready by the next Council Meeting.
Mayor Fox advised that the current policy is in effect at this time.
        Motion carried unanimously. Resolution was read and passed.
                                                  **********




                                                         6                                04/03/07
        Ordinance No. 07-3100, second reading, to annex certain property owned by SEM Associates,
LLC, generally located on the south side of Quarry Loop Road west of Highway 109, into the City of
Lebanon, Tennessee (Map 55, Parcels 46.00 and 46.01, containing approximately 23.19 acres as shown in
the records of the Assessor of Property of Wilson County, Tennessee), by Magi Tilton, City Planner.
        Motion was made by Councilor Warmath, seconded by Councilor Huddleston, to pass said
Ordinance on second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                **********
        Ordinance No. 07-3101, second reading, zoning the parcels of land being annexed by Ordinance
No. 07-3100 owned by SEM Associates, LLC, generally located on the south side of Quarry Loop Road
west of Highway 109, M-2 (Light Industrial) (Ward 6), by Magi Tilton, City Planner.
        Motion was made by Councilor Warmath, seconded by Councilor Huddleston, to pass said
Ordinance on second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                **********
        Ordinance No. 07-3108, second reading, to adopt revised Personnel Rules and Regulations, by Jim
Henderson, Personnel Director.
        Motion was made by Councilor Warmath, seconded by Councilor Farmer, to defer said Ordinance
on second reading. Motion carried unanimously. Ordinance was deferred until the next Council Meeting on
April 17, 2007, and a work session prior to the Meeting.
                                                **********
        Ordinance No. 07-3113, second reading, to approve an Agreement with the Nashville & Eastern
Railroad Corporation for the Installation and Maintenance of a Gas Line, by Jeff Baines, Commissioner of
Public Works.
        Motion was made by Councilor Warmath, seconded by Councilor Hayes, to pass said Ordinance on
second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                **********
        Ordinance No. 07-3115, second reading, to approve the change order to the 2006-2007 Sidewalk
Improvement Project, by Chuck Boyett, City/Utilities Engineer.
        Motion was made by Councilor Huddleston, seconded by Councilor Buhler, to pass said Ordinance
on second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                **********
        Ordinance No. 07-3116, second reading, to approve bids for electrical modifications to the Water
Treatment Plant (funds appropriated in the 2006-2007 Fiscal Year Budget), by Chuck Boyett, City/Utilities
Engineer.
        Motion was made by Councilor Farmer, seconded by Councilor Buhler, to pass said Ordinance on
second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                **********
        Ordinance No. 07-3120, second reading, to approve bidding for the 2006-2007 Street Paving and
Street Striping Projects, by Jeff Baines, Commissioner of Public Works.


                                                      7                                04/03/07
         Motion was made by Councilor Buhler, seconded by Councilor Farmer, to pass said Ordinance on
second reading. Motion carried unanimously. Ordinance was read and passed on final reading.
                                                   **********
New Business:
         Council approval of a Certificate of Compliance for a Retail Package Store (applicant Delores
Crooks; Market Basket Liquors; 1505 West Main Street), by Hal Bittinger, Commissioner of Finance and
Revenue.
         Motion was made by Councilor Barry, seconded by Councilor Warmath, to approve Certificate of
Compliance for a Retail Package Store to applicant Delores Crooks. Motion carried unanimously. Approval
was granted.
                                                   **********
         Ordinance No. 07-3121, first reading, to authorize the abandonment of the surplus right-of-way
located at Holloway Drive, Lebanon, Tennessee, by Jeff Baines, Commissioner of Public Works.
         Commissioner Baines pointed out this had been discussed at the Public Works Meeting. This is an
old right-of-way dedicated by plat subdivision of this property years ago. The property is where the Christian
Life Chapel Church is now. The right-of-way actually touches the church building that is there now. In the
process of Kentucky Fried Chicken wanting to develop the property on the corner, they are trying to acquire
some property from the Church. Commissioner Baines advised that The City should abandon this property
and give it to the Church, as there is no cost to the City of Lebanon.
         Motion was made by Councilor Buhler, seconded by Councilor Warmath, to pass said Ordinance on
first reading.
         Mayor Fox also advised that there is no benefit in the sale. The Church will not sell this property to
Kentucky Fried Chicken. It has nothing to do with the sale of the property on the corner.
         Motion carried unanimously. Ordinance was read and passed on first reading.
                                                   **********
         Ordinance No. 07-3122, first reading, to approve the revised Land Use Map for the Fixed Base
Operator’s Lease Agreement, by Jeff Baines, Commissioner of Public Works.
         Commissioner Baines passed out a color-coded map for review to clarify what is in the FBO's lease.
The map has been amended to clean it up and the Commissioner asked that the revised Land Use Map be
approved.
         Motion was made by Councilor Huddleston, seconded by Councilor Hayes, to pass said Ordinance
on first reading.
         Mayor Fox added, "We are courting, and we are very near to getting a Headquarters Company in
here, that will need planes. There will be a lot of use of that Airport, including International use. I think we
have them. What are we doing on the west side? We have started our access road, right?"
         Commissioner Baines responded, "The access road has been approved, we are waiting on TDOT's
contract. We went to the Aeronautics Meeting a couple weeks ago, and they approved it. The Mayor
informed Commissioner Baines that he received word yesterday that TDOT has signed the contract.


                                                         8                                   04/03/07
         Commissioner Baines stated as far as what is happening on the west side, "We have the road going on
this spring and summer. Then we will also be able to start, some time this summer, some utility work for
hopefully, three or four large hangar sites. They will be bidding that work. That is part of the Vision Grant
approval."
         Motion carried unanimously. Ordinance was read and passed on first reading.
                                                  **********


         Ordinance No. 07-3123, first reading, to approve bid for modifications to the traffic signal located at
Castle Heights Avenue and West Main Street, by Chuck Boyett, City/Utilities Engineer.
         Motion was made by Councilor Warmath, seconded by Councilor Buhler, to pass said Ordinance on
first reading.
         Councilor Farmer questioned that it would only cost $3,100 to do this. Commissioner Baines stated
that we were only adding an arrow.
         Motion carried unanimously. Ordinance was read and passed on first reading.
                                                  **********
         Resolution No. 07-1314, to authorize and provide for the financing of water system improvements,
 including authorizing the execution of applications, contractual agreements, and other necessary documents,
 and making certain representations, certifications, and pledges of certain revenue in connection with such
 financing, by Hal Bittinger, Commissioner of Finance and Revenue, and Jeff Baines, Commissioner of Public
 Works.
         Commissioner Bittinger informed the Council this is a State Loan program. The interest rate is 2.43%.
 The projects would be a water plant generator, electrical improvements for $400,000, and the South
 Hartmann Drive transmission line for $900,000.
         Motion was made by Councilor Warmath, seconded by Councilor Buhler, to pass said Resolution.
Motion carried unanimously. Resolution was read and passed.
                                                  **********
         Ordinance No. 07-3124, first reading, to authorize Payroll Line Item transfers as of March 5, 2007,
by Hal Bittinger, Commissioner of Finance and Revenue.
         Motion was made by Councilor Warmath, seconded by Councilor Farmer, to pass said Ordinance on
first reading.
         Councilor Warmath was wondering, "Hal we got our audit findings from last year, and one of the
comments was (you know they give you the comments) that we had gone over budget. Then their response
was to evaluate our budget more often, because we went over budget, but, when we do this, we are basically,
you know we are monitoring it each time, and plus, we knew we were going to go over budget, because of
the landfill." Commissioner Bittinger responded, "I think that was one small item, for a small amount of money.
What happens is, we are constantly changing the amount of our budget. We do it a lot through June 30.
Every once in a while one transaction will hit that I wasn't aware of and we won't get it corrected. But, I try




                                                        9                                  04/03/07
the best I can to give you all the transfers. But, it was a small amount. I will provide the details to show you
which budget it was and how much it went over."
         Motion carried unanimously. Ordinance was read and passed on first reading.
                                                    **********
         Ordinance No. 07-3125, first reading, to authorize the purchase of one (1) four inch and one (1) six
inch trash pump for the Sewer Department (funds appropriated in the 2006-2007 Fiscal Year Budget), by
Lisa Lane, Purchasing Agent, and Jeff Baines, Commissioner of Public Works.
         Motion was made by Councilor Warmath, seconded by Councilor Buhler, to pass said Ordinance on
first reading.
         Councilor Farmer asked what the trash pump does? Commissioner Baines responded that it is part of
maintenance program, for anytime something is broken and you have to pump water out. It is a very routine
part of the day-to-day operation of the Sewer Department. If a sewer or water main breaks somewhere and
you have mud or water in the hole-that is what it is for. It is not for any specific project, this is for very routine
work.
         Motion carried unanimously. Ordinance was read and passed on first reading.
                                                    **********
         Ordinance No. 07-3126, first reading, to authorize Budget Line Item transfers for the 2006-2007
Fiscal Year Budget as of March 5, 2007, by Hal Bittinger, Commissioner of Finance and Revenue.
         Motion was made by Councilor Warmath, seconded by Councilor Hayes, to pass said Ordinance on
first reading. Motion carried unanimously. Ordinance was read and passed on first reading.
                                                    **********
         Resolution No. 07-1316, to approve the waiver of application fees for rezoning for the Wilson
County Civic League, by Jeff Baines, Commissioner of Public Works, and Hal Bittinger, Commissioner of
Finance and Revenue.
         Motion was made by Councilor Huddleston, seconded by Councilor Buhler, to pass said Resolution.
Councilor Warmath:            Can somebody tell me exactly what this is, and whoever is accountable- if it is you
                              or whoever?
Councilor Huddleston:         I can address it. What this is - the Wilson County Civic League has applied for a
                              THDA Home Grant. What this would do is- I think the amount is $120,000- that
                              they will be granted to build- you know they are a non-profit organization- to build
                              a home. And it is located in the Second Ward- this property that they are trying
                              to build this home on. And none of the money can be spent. All of the money has
                              to go toward the grant- to be used. They will have a program, for a person who
                              would come through, and they will teach them how to finance. A bank would
                              come in and give this person a loan. And what this is asking to do - is waive the
                              rezoning fees. The land is currently B-3-and I just discussed this with Magi- they
                              are asking to put it into R-6, because if you put it into R-2, then you would allow
                              for a mobile home and we don't want the land to be able to do that. It is a little bit


                                                          10                                   04/03/07
                          more strict if you put it in R-6 than allowing R-2. But these fees will only be
                          waived if they receive the grant. If they receive the Home Grant to build."
Councilor Warmath:        If the Civic League gets the Grant?
Councilor Huddleston:     Right. Receive the Home Grant- is the only way these fees will be waived.
Councilor Warmath:        Is somebody selling the land that this is on- to the Civic League?
Councilor Huddleston:     Yes.
Councilor Warmath:        Okay, and is that person only going to get cost for the land? Are they getting
                          any profit from this? Is anybody getting a profit from this?
Councilor Huddleston:     I'm not sure of that. I'm not sure if there is any profit to be made.
Councilor Warmath:        Do you know what I'm saying?
Councilor Farmer:         It looks like maybe the question to be answered is moving on the back row. We
                          may want to suspend the rules.
               Motion was made by Councilor Huddleston, seconded by Councilor Farmer, to suspend the
rules. Motion carried unanimously. Rules were suspended.
Harry Watkins, Jr.:       The Civic League is non-profit, as you mentioned. In the last ten years we have
                          applied for almost $1,500,000 grants. Part of that Grant is matching. We have
                          been able to build about 24 units in the City. One of our missions in the City is to
                          try and improve the housing. So what we are doing- under this new program the
                          THDA has called and asked us to participate in- we can take vacant lots- they
                          allow us to buy vacant lots- and take the vacant lots and build homes and then
                          resell those homes to individuals, and then take that money and just keep turning
                          and circulating it in the program. Now one of the things that they look for, in these
                          grants, to make a grant go, is how much collaboration do we get from
                          government, from locals or whatever. Now, the property has to be appraised,
                          and under the guidelines, the owner cannot get any more than what the appraised
                          value is. So that protects the program. We do have an option, on the land
                          already- to buy the land. All we were asking - the Grant does not cover a lot of
                          the fees- and we were just trying to not pass those fees onto the homebuyer, if
                          there is someway we could get assistance with the fee for the application.
Councilor Farmer:         What amount of money are we talking about here, roughly?
Councilor Huddleston:     $400.
Harry Watkins, Jr.:       Yes, $400. The rezoning issue- we are not even into that yet. All we are asking
                          for is a waiver on the application fees.
Councilor Farmer:         And this would assist you by us making the good faith effort that we believe this
                          program is warranted.
Harry Watkins, Jr.:       Right. And if we don't get the Grant, the deal is off, because there are a lot of
                          other hurdles that have got to be met. The rezoning has got to be met. We have
                          got to go before the Planning Commission. The environmental review has got to


                                                     11                                   04/03/07
                      be met. What they are looking for with the Grant, at the State- is do we have any
                      collaboration with the City as far as helping us with the program.
Councilor Warmath:    Can I just ask for clarification? Magi, I just want to clarify the RM-6, that sort of
                      threw me when I- cause this basically talks about zoning and we are not really
                      there yet. I mean this is a whole other process.
Magi Tilton:          When Mr. Watkins came in to talk to me about these properties, I told him they
                      were zoned B-3, which would not allow single family residential. So we looked at
                      what districts would allow single family residential and are around there. The
                      predominant zoning around there that's residential is R-2. As you all are probably
                      aware, the R-2 district allows mobile home courts. The R-2 and RM-6 district
                      are very similar with that exception of the mobile home courts. So rather than
                      requesting an R-2 rezoning, we suggested that he consider an RM-6 rezoning.
                      We have received an application for the rezoning that could be considered as
                      early as our April Planning Commission. He asked about the fee for the rezoning,
                      and it is $400. I told him that we as a Staff did not have the authority to waive
                      that fee, and that is how eventually it came to you all.
Councilor Warmath:    I guess my question is, how much land are we talking? How much land do you
                      have out there?
Harry Watkins, Jr.:   There are two lots; one is 55' X 150' and one is70' X 150'.
Councilor Warmath:    Is that enough land, Magi, to make a mobile home court? I mean that is why they
                      didn't put R-2 because they didn't want them to have a chance for a mobile home
                      court.
Magi Tilton:          I couldn't tell you.
Councilor Farmer:     But you would have the same problem as far as an application fee, if you went
                      from B-3 to R-2?
Councilor Warmath:    But what else can you do on RM-6? Can you do any multi-family?
Mayor Fox:            Oh yeah. We made RM-6 so that we could have a multi-family without mobile
                      home parks.
Councilor Warmath:    So you could have a duplex. Could you have a quadruplex?
Mayor Fox:            You can have about anything except a mobile home.
Councilor Warmath:    But you can't sell a quadruplex or duplex to somebody else, right? This is not
                      going to be-- just single family, right. Okay. Here is my only complaint and it's
                      not a big deal. I got a call personally from Cumberland to waive some fees that
                      they needed, and I have had other calls. I just wonder Mayor, to not precedence
                      set. You need collaboration, and I understand that. You may need a Resolution
                      or something showing support. But, I almost wonder, to not set precedence,
                      Mayor, if you ought to take it out of your Discretionary Fund? Which would be
                      just a donation.


                                                 12                                  04/03/07
Mayor Fox:                   I think that to turn down Wilson Central's expansion like we did, which put us vs.
                             Wilson County, and then to approve selectively another waiver where we denied
                             the same thing to someone else, would send a bad signal. I think that you are
                             exactly right. I think it should be community relations.
Councilor Warmath:           So you'll take it out of your Discretionary Funds?
Mayor Fox:                   Yeah.
Councilor Warmath:           Okay, can we also get some money for the Humane Society?
Councilor Farmer:            I had a feeling you shouldn't have given her the floor Mayor, but that's all right.
                             You didn't ask me. I think this is Kevin's Resolution, I think we should ask him
                             what he wants to do.
Councilor Huddleston:        Can I just make this statement, if in the future, and I don't know how we need to
                             word this stuff, but -my area needs development. There are going to be a lot of
                             things that are going to take grants. So, I know you say that about Wilson
                             Central, but we are talking about a lot of money. I feel like if there are fees that
                             need to be waived to help with grants, then I wish we would be more willing to
                             help at all costs.
        Mayor Fox explained that a Resolution needs to be fashioned that will allow the funds to come out of
his Discretionary Fund.
        Councilor Buhler agreed that there is a difference in waiving a small fee of $400 for a grant versus
waiving a fee of $25,000-$30,000 for no reason.
        Council was called back in session. After some discussion, Councilor Huddleston withdrew the
Resolution.
                                                   **********
        Ordinance No. 07-3127, first reading, to amend Chapter 2 of Title 18 of the Lebanon Municipal
Code entitled Water Services, by Chuck Boyett, City/Utilities Engineer.
        City/Utilities Engineer Chuck Boyett informed the Council that this is an item that has been discussed
at the Public Works Committee and Engineering meetings. Basically we are updating our Ordinance and the
primary change would be to require that the developers run service lines. That is something that the City has
always done in the past. He knows of no other Cities that run the service lines so this would make Lebanon
consistent with other municipalities. Generally, it is much more convenient for the developer, if they run the
service lines as they are putting the water mains in the trench.
        Councilor Farmer suggested that the Ordinance be done in three readings since there is a fee involved.
        Motion was made by Councilor Farmer, seconded by Councilor Barry, to pass said Ordinance on
first reading. Motion carried unanimously. Ordinance was read and passed on first reading.
                                                   **********


        The Regular City Council Meeting of April 3, 2007, adjourned at 7:18 p.m.
                                                    *********


                                                         13                                  04/03/07
Attest:                                     Approved:




______________________________              ______________________________
Hal Bittinger                               Don W. Fox
Commissioner of Finance & Revenue   Mayor

Secretary:




______________________________
Jaci Diebner




                                        14                          04/03/07

				
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