Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE I CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING September 24, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VJCE-MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKJDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The September 24, 2024, BOMA meeting was opened with prayer led by Danny Spano, Care and Recovery Pastor at Long Hollow Church. The Pledge of Allegiance was led by Mayor Clary. AGENDA Waters moved; Roberson seconded a motion to accept the September 24, 2024, agenda. Clary stated he would like to withdraw Item 1, second reading of Ordinance 2024-12 from the agenda. He noted no motion is needed as he is the sole sponsor. Collins moved; Sasse seconded a motion to amend the agenda by moving Item 2, first reading of Ordinance 2024-18 to Item 1 due to several people in attendance wanting to speak. There was no discussion, and the amendment was approved unanimously. Clary declared the motion carried. The motion to accept the agenda as amended was approved unanimously. Clary declared the motion carried. MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE2 PRESENTATIONS There was a presentation by Beautiful Hendersonville for the September Beautification Awards. The awards went to: Ward 1 - Mark and Holly Hoffarth - 183 Rebecca Ward 2 - Chuck and Donna Robertson - 140 N. Country Club Dr. Ward 4 - Sandra DeMoss - 94 Hidden Point Ward 5 - Bryan and Lana Wann - 122 Bluegrass Circle Business - Dos Margaritas Bar and Grill - 4 Industrial Park Dr. Each residential winner received a gift card from Ace Hardware. There will be a city-wide Clean Up Day on October 19, 2024, from 8:00 am to 12:00 pm. The areas of concentration are still to be determined and submissions were requested to be sent to beautiful@hvilletn.or!!. There was a presentation by the Deer Herd Monitoring and Control Committee given by Jerold Barrett, Chainnan of the Deer Herd Monitoring and Control Committee. The Board was updated with the status of the committee's work beginning with 2025 Initiatives listed below as Chainnan Barrett expounded on each. • Developing a Deer Dashboard • Exploration of a City Vetted Hunter Program • Ongoing Information and Communication Program • Information gathering through TWRA and the State of Tennessee • USDA Survey Program Also in attendance were Mark McBride, Assistant Chief-Wildlife and Forestry Division, and Wes Winton Region 2 Program Manager-Wildlife and Forestry Division. Chairman Barrett noted that Adam Edge, Deer Program Coordinator for the State of Tennessee has also been an integral part of the process thus far. Each of these individuals have worked closely with the Deer Committee and helped them to move forward solution. A Deer Workshop was held the last Saturday of June with 75 residents in attendance along with County Extension Service representation, 5 USDA Representatives, 5 TWRA Representatives, and 2 State Representatives. There were multiple types of resources pmvided at the workshop. The establishment of a Communication Program has been launched with brochures, updates on the City website, and a Deer Dashboard with ongoing pieces of infonnation to be updated for citizens knowledge. A lot of information has been and is continuing to be gathered for an Expanded Hunter Program. MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE3 A USDA Survey Program will provide infonnation and the steps needed to make sure the efforts being made are being successful and heading in the right direction. The FLIR cameras will provide a baseline to tell if progress is being made within the next couple of years. Mr. McBride addressed the Board offering a few comments and his support for the Deer Herd Committee. He stated most cities that have dealt with these issues use an Urban Bow Hunting Program. The City of Hendersonville is the first city in the state to tackle this issue and it will set a precedent for other cities with the same issue. PUBJ,,IC HEARING None MINUTES Garza moved; Goodwin seconded a motion to approve the September 10, 2024, minutes. There was no discussion. There was a unanimous vote to approve the September 10, 2024, minutes. Clary declared the motion carried. CITIZENS' COMMENTS Don Schmit of 1011 Burnham Circle addressed the Board regarding the Drakes Creek Roundabout. Mr. Schmit represents District 18 in the Smnner County Commission and serves on the Highway Committee. He came to give a summary of the City's appearance requesting a portion of a county road for the project, and the events of the Highway Committee, the Sumner County Commission and how things have transpired since. • 8/12/2024 the Highway Committee passed the request unanimously. • 8/26/2024 the Highway Committee Chairman pulled it from the agenda. • 9/9/2024 the Highway Committee met again and was deadlocked 4/4 and asked to see an alternate plan that didn't use any citizens' land. • 9/16/2024 the paperwork was received by the Highway Committee and a motion was made to pass it on to the full Sumner County Commission. • It failed 12/10 to make it on the full Sumner County Commission agenda. • There were questions from Mr. Schmit' s constituents, one of which is can ARPA funds be used, if not, why? are there contingency plans in place to make the road safer if the roundabout is not able to be constructed. • There has been no traffic study because by TDOrs numbers show 9,000 vehicles travel that area per day and that does not warrant a traffic study because traffic is not being increased. • Most of Mr. Schmit's constituents are for the roundabout, but others are concerned with the taking of the property. MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE4 Scott Denney of 121 Wyncrest Way addressed the Board in support of Ordinance 2024-18 regarding the rezoning of Wyncrest. He offered his thanks to the Board for not approving the first proposal for a hotel and gas station. He feels the proposal before the Board tonight is the best option. He asked that the company that leases the property take ownership of the sign as it will be on their property and requested they repair it, maintain it, light it, and put "Wyncrest" on the sign. Ryan Servey of 115 Huntington Place addressed the Board in support of Ordinance 2024- 18, regarding the rezoning of Wyncrest. As his house is behind the property in question, he does not support a long-term stay facility and is concerned of what may be developed on the property if the currently proposed plan is not approved. He encouraged the Board to vote for the ordinance. Darren Frank of 108 Laurens Way N. addressed the Board in support of Ordinance 2024- 18 regarding maintaining the character of the neighborhood. The previous proposal of a hotel and gas station would have changed the character. He encouraged the Board to vote for the ordinance. Mr. Frank added that the company purchasing the properly and the developer have done an excellent job and their due diligence in working with the homeowners and the impact to the neighborhood. Beth Pickel of 113 Wyncrest Court addressed the Board in support of Ordinance 2024-18 and feels it is the best option. She stated that the traffic is concerning, and she asks that the traffic situation be investigated with or without the nursery. Christine Garner of 107 Huntington Place addressed the Board in support of Ordinance 2024-18. She had previously submitted a letter to the Board with the support of the nursery by Wyncrest residents which she read. She asked to read another letter if time allowed from the homeowners that are on the tree line adjacent to the potential Moon Valley property. Ms. Garner shared that she was initially not in support of the nursery. She visited the Moon Nursery in Franklin. She learned that the Hendersonville location plan is different from the existing nursery in Franklin. The differences include the lot will be clean and paved, the building will align with neighboring structures using brick and stone, mulch and rock will not be sold in bulk, signage will be of a higher quality, a dry retention pond, the developer is donating trees to beautify the entrance, the treatment of the trees with pesticides will be done prior to being brought to the Hendersonville location so there will be no pesticides being sprayed or soaking into the ground, there will be a dense 20 ft-30 ft. tree line and a fence will be added, traffic is a concern but hours are l Oam-6 pm so no rush hour traffic problems. There is concern and preference of the entrance to the nursery is not through the Wyncrest entrance. Jan Gudehus of 104 Huntington Place addressed the Board in support of Ordinance 2024- 18 echoing Mr. Servey's and Ms. Gamer's comments. His major concern is the traffic, which will be less than the previous proposal, and the entrance to the _nursery not going into the subdivision. Roger Mantell of 103 Huntington Place addressed the Board in opposition to Ordinance 2024-18. He is concerned with losing the character and maintaining the spirit and the MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGES values of the subdivision as it is now. He cautioned care be taken when changing zonings. Mr. Mantell also has concerns about traffic. He doesn't agree with the concept that this proposal is a better solution than the first one; he feels the allowable uses currently such as a government facility and offices, a place of worship, an art gallery, medicaJ/dental clinics, etc. would be better. Mr. Mantell is also concerned of the noise pollution that could be generated by the forklifts, deli very trucks, etc. and feels the current zoning would allow less of the noise concerns. He is also concerned of rats and coyotes that may begin to frequent the area. Mr. Mantell shared he felt the proposed use would lower the property values. He stated he and his wife were not contacted regarding the meetings now had the representatives of the company spoken to them. He questioned why Hendersonville has to cater to a landowner when it was not zoned for a certain use when it was purchased. Annika Mantell of I 03 Huntington Place addressed the Board in opposition to Ordinance 2024-18. She and her husband relocated to Hendersonville from New Jersey because of the safety, small shops, good air, and greenery. She prefers the low density, no commercial, residential zoning cu1Tently in existence. She js concerned about the machinery and there being no quiet time, traffic, and the buffer. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for first reading of Ordinance 2024-J 8, an ordinance rezoning 4.84 acres located at the intersection of Saunders ville Road and Wyncrest Way from Suburban Residential Low-Density (SR-1) to General Commercial, PJanned Development Plan (GC- PD), to be known as \Vyncrest (Moon Nursery) Commercial Plaza. Collins moved; Garza seconded a motion to approve Ordinance 2024-18. Without objection the rules were suspended to hear from the Moon Valley representatives and residents if desired. Ben Paige with Peak Development Partners, Clint Anderson with Peak Development Partners, and CJ Murrell, Engineer with 615 Design Group were present to answer questions and concerns. Mr. Paige first spoke as the representative for Moon Valley stating that Moon Valley Nursery desired to be in Hendersonville. He feels afler speaking with the residents that the tables have turned, and most are in favor of the nursery development. Peak Development Partners currently has 21 projects in process around the country, so they are no small operation. Their desire is to do a good job for the residents. Collins inquired of Mr. Paige if they would be willing to change the existing tree line to evergreens as well as the buffer, would they be willing to stipulate in writing through the ordinance that loose dirt, gravel, manure, etc. would not be sold, would they be willing to light, landscape, and maintain the Wyncrest sign on the south side of Wyncrest Way and the one on the north side after speaking with the owner to which Mr. Paige responded MINUTES OF REGULAR 1-'IBETING SEPTEMBER 24, 2024 PAGE6 they would be agreeable to those changes. Mr. Murrell addressed the lighting at the nursery V1-1thin the parking lot would have to abide by what is stated in the City ordinance regarding lighting. He further explained that the lighting was designed to have zero candle foot at the property line. Collins also addressed the concern some constituents have regarding the presence of snakes and rats. She asked ifthere would be any food sources to draw the above and are there any similar issues anywhere else. Mr. Paige stated there will be a lot of activity going on in the nursery which the rodents don't like; they care for much quieter areas so he doesn' t feel there would be an issue. Collins stated the development would possibly even curtail the current activity with developing the open field that is typically home for the aforementioned. She addressed the noise that the forklift back up beeper would produce. Mr. Paige stated that a flashing light could be used instead as it met safety requirements and operation would not be at night so the flashing should not be intrusive. Director Free stated that the wording of the amendment needs to clearly define what "maintain" is expected to include. Due to some comments made stating that office space would be more desirable for the location than the nursery, Collins asked Director Free what the market was for that type of building and how often was business space built in Hendersonville. Free answered currently there were no specific office spaces being built and the office condos on Saundersville Road had all been built out. There was more discussion of the zoning not being changed and the likelihood of the potential houses being rental as opposed to owner occupied to which Free couldn' t speak to or stated it would be difficult to answer. Burgdorf inquired of the history of the business model. Mr. Paige stated that the Franklin nursery was already in existence and Moon Valley Nursery bought it and left it as it was currently operating. That is not their nonnal method of operation. The Hendersonville location will be more of a retail establishment, with retail hours, shutting down in winter. Mr. Paige had stated earlier they had looked at the 505 East Main location, but TDOT stated it was not an option for them to have their own entrance; they wanted them to use the entrance of another development to access the nursery. Burgdorf inquired whether TDOT had signed off on the Saundersville Road entrance. Mr. Paige stated that TDOT has no jurisdiction, but they recommended the truck entrance be moved further away from their ramp and closer to the subdi vision entrance. That change has been made and the entrance will be in line with Avondale Road and there will be a fully dedicated turn lane. Burgdorf stated the business was aware of the low-density zoning coming into the project and was against the zoning changes proposed. He could not support the ordinance for those reasons. Martin gave a brief history of the project beginning when it first came to the Planning Commission. Most neighbors didn,t want access off Wyncrest Way, the Planning Commission took out some future uses, the nursery stated there would be no plants; all trees, it's a seasonal business. They are not paying voluntary impact fees. Martin, Moon Valley, Director Lock and Peak Development were all on a call with TOOT. Mr. Murrell put the presentation together for that meeting that showed some restriping, moving the truck entrance away from the ramp and dedicating a turn lane. Mr. Paige shared some traffic statistics from the Franklin nursery compared to what statistics could be if there were six (6) to seven (7) houses built on the property in question could potentially result in MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE7 40-60 trips per day compared to nine (9) per day as proposed with the nursery development. He contributed that Moon Valley was not a fly-by-night business as they had just received a $750 million dollar investment from a private equity firm and have 50 locations currently and are looking to grow more. Garza clarified there was no entrance for trucks into the nursery from Wyncrest Way, but customers could enter the nursery off Wyncrest Way. A brief video was shown by Peak Development Partners of a recently completed nursery in Texas that would be comparable to the Wyncrest Way development. Waters inquired about a traffic light which Mr. Paige stated there are no plans for and has not been brought up by City Staff. Sasse inquired about the height of the power lines on the side of the road in which the truck entrance would be located. Clint Anderson with Peak Development Partners stated the trees would be arriving on flatbed trucks and they would be laying down. There would be one semi-truck per month using the entrance. Roberson inquired to Director Free ifthere was a realistic market for 6-7 homes for rent. Free shared that a national rental company wouldn't have interest in something of that size, but a smaller developer could be interested. No apartments would be allowed without a rezoning and it's possible if this ordinance is not approved that the land could remain vacant. Tbe question of whether Saunders ville Road was being expanded to accommodate the proposed tum lane was asked. Director Lock stated that the existing right of way would be utilized to add the entrance to the nursery. She clarified the City has no project on expanding Saundersville Road. Mr. Paige added comments to some previously posed questions and comments of concern. There will not be water spraying everywhere as there will be individual drip lines to the trees and shrubs. This is not a franchise; it is owned by a private equity company out of New York known as Stone Court. Roberson inquired if the amendments mentioned were enforceable in years to come. Director Free stated anything that is approved is locked in. lf the development does not follow the development plan, they will be notified, given a chance to fix it and if the fixes do not happen, the development will be taken to court. Peterson inquired how much sales tax would the City receive off the projected $9 million dollars in sales. It was quickly calculated to be approximately $90,000.00 potential funds to be received by the City. Peterson stated he supported the project. Peterson inquired whether this should go back to the Planning Commission because of the number of amendments and requests being asked. Garton expressed her appreciation of the developers and the work they had done whh the residents, but she had received nothing but opposition from her constituents who did not MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGES want this development in their back yard. For that reason, she could not support the ordinance. Collins addressed questions regarding the turning lane to Director Lock who explained that it would serve for merging and turning, but it wouldn't necessarily help to get out of the Wyncrest subdivision. Collins questioned the possibility of a traffic light to which Lock responded she would not recommend. Adding a traffic light would also require the Avondale signalization to have to be addressed which would cause the same issue as Old Shackle Island and Walton Ferry. The question of signalizing the ramp was brought up and perhaps evaluating that after the Exit 8 project is underway. Director Lock responded that it could be available, but it may make it worse. The center turning lane might be beneficial with or without the nursery. Without objection the rules were suspended to hear from Christine Gamer who read a letter on behalf of the residents of Wyncrest in the tree Ii nc giving their support to the proposed Ordinance 2024-18 except for one resident. It was stated that the truck entrance would have limited use restriction and would be gated at all times except when trucks are on site for deliveries. It will be paved and at the same grade as the highway and there will be a fence. Collins expressed she was in favor for the first reading of Ordinance 2024-18. Goodwin, even though this development is not in her ward, she has received nothing but opposition from her constituents except for one so she would be voting against Ordinance 2024-18. Martin asked if the developer would clean up and leave the existing tree line to which Mr. Paige responded "yes". Mayor Clary shared that whether the zoning was left alone or changed, no one wanted more houses. He has to look at the least harm and the greatest benefit for the citizens. In that respect, he will be voting yes on Ordinance 2024-18. There was a majority vote of eight (8) to five (5) approving Ordinance 2024-18 on first reading with voting as follows: Aye: Collins, Garza, Martin, Peterson, Roberson, Sasse, Skidmore, and Clary. Nay: Burgdorf, Dixon, Garton, Goodwin, and Waters. Abstain: None. Clary declared the motion carried, Sasse moved; Goodwin seconded a motion to take a ten (10) minute break. There was a unanimous vote and Clary declared the motion carried. MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE9 The caption was read for second reading of Ordinance 2024-15, an ordinance amending Budget Ordinance 2024-08 to reflect Final Year adjustments to the City's 2025 Fiscal Year Budget. Goodwin moved; Roberson seconded a motion to approve Ordinance 2024-15. Director Ingersoll distributed a handout of Exhibit A, the Budget Amendment Worksheet, noting the additional amendment items needed in addition to the amendments made on first reading. Dixon moved; Waters seconded a motion to amend Ordinance 2024-15 by adding lines 56- 61 shown on Exhibit A. The amendments include adjustments to incorporate the receipt of two awarded grants and an additional $90,000.00 for the Replacement Sign Grant Program. Sasse expressed his support for the sign funding for the existing applicants and the future by helping businesses recover from the tornado damage and improving the West Main visual aspect. Director Free shared this addition of funds would cover the pending applicants and leave room for more as all would not get the maximum amount of$ I 0,000.00. There have been seven (7) approved applications and twenty-three (23) pending. There was a unanimous vote to approve the motion to amend Ordinance 2024-15. Clary declared the motion carried. There was a unanimous vote to approve Ordinance 2024-15 as amended. Clary declared the motion carried. The caption was read for second reading of Ordinance 2024-19, an ordinance to adopt a private outdoor fee-base activity pennit and policy in city parks as recommended by the Board of Parks and Recreation. Peterson moved; Goodwin seconded a motion to approve Ordinance 2024-19. There was no discussion. There was a unanimous vote to approve Ordinance 2024-1 9. Clary declared the motion carried. OTHER AGENDA ITEMS None MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE 10 REPORTS Brief Committee Reports Finance-Dixon • No meeting Public Works-Skidmore • Discussed Ordinance 2024-16, an ordinance to be known as the Safe Neighborhoods Ordinance, amending the Hendersonville Municipal Code, Title 15, Motor Vehicles, Traffic and Parking, Chapter 3, Speed Limits, to review and address speed limits particularly in residential areas of the City of Hendersonville, Tennessee. Passed to go to BOMA. It will be moving on to Public Safety first. • Discussed Resolution 2024-35, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 2, Section 27 in Hendersonville, Sumner County, Tennessee; Resolution 2024-36, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 3, Sections 30 and 32 in Hendersonville, Sumner County, Tennessee; and Resolution 2024-37, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 4, Section 35A in Hendersonville, Sumner County, Tennessee. Passed to BOMA. • Trash collection is going well. • Light synchronization is on time and on budget. Capital Projects-Roberson • Special Called meeting September 18, 2024, to discuss the City's first ever Transportation Improvement Plan. • The City is moving forward with the plan with objectives to improve traffic flow, reduce congestion and improve safety in the City. • There are 35 improvement projects identified by staff and ranked in order of importance for the 2025-2035 Transportation Improvement Plan. • The Plan will move on to a third-party review and will be published around November 18, 2024, with a public hearing to be held around January 13, 2025 • BOMA will consider adoption of the plan around January 28, 2025. BOMA Report-Eckenroth • Eckenroth drew attention to the numerous events happening in the parks this weekend. • There were four trips made to the County Commission as discussed earlier concerning the Drakes Creek Roundabout. Peterson noted that The Tennessean has a nomination for Drakes Creek Park as the best Park in Middle Tennessee. He encouraged all to go to the Hendersonville Parks and Recreation Facebook page and vote. Executive Session was entered into at 9:54 pm and all returned at 10:09 pm. MINUTES OF REGULAR MEETING SEPTEMBER 24, 2024 PAGE 11 Upon motion by Waters and second by Garton there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 10:09 p.m. ~ - /"-e::C- Approved: Jamie Clary, Mayor Attest: