BMA in Brief – August 26, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The documents provided to the Aldermen ahead of the meeting are available by clicking here.

The YouTube steam is available by clicking here. The stream started late and picks up in the middle of Alderman liaison reports. The full meeting is available on the city’s web page.

9. Preliminary Agenda (3:36) – Passed (4-1)

10. Ordinance No. 2019-13 Amdment to Subdivision Ordinance Chapter 17 – Section 17-56 (Streets) – Third & Final Reading – This amendment will bring the subdivision ordinance in line with the recently passed fire codes. This includes restrictions of dead end street length and cul-du-sac diameter requirements. (Postponed)

11. Professional Services Agreement – FY20 On Call Engineering Services (5:12) – The proposed agreement with Kimberly-Horn & Associates for $65K. These services supplement the efforts of City Engineering Staff. KHA provides support for Traffic and Transportation Planning and Design. Approved (4-1)

BMA in Brief – August 12, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The supporting documents provided to the Alderman can be found by clicking here.

The full meeting can be viewed on YouTube by clicking here.

The agenda was amended to move item 16. Apartment Moratorium to item 10.(a). Item 10 was moved to item 10.(b). Item 15. was moved to the preliminary agenda and itme k. On the preliminary agenda was moved to item 16. of the agenda.

6. Citizens to be Heard (11:51) – Six residents came forward to address the board. Three spoke against apartments, two spoke against residential sprinkler requirements and one spoke against the Farmington Park rules.

9. Preliminary Agenda (39:17) – Passed (5-0)

10(a). Resolution 19R08 – Apartment Moratorium (41:18) – A summary of the timeline and history of the existing moratorium and the research completed during that time frame. The proposed resolution is based on feedback from the board at the work session. The resolution ask the planning commission to review changes removing stand alone apartments from smart growth areas and establish smart growth guild lines to retain value and minimize impact on city resources. It also places a 6 month moratorium on stand alone apartments. Alderman Sanders proposed extending the moratorium on all apartments, not just stand alone. This motion failed. Alderman Sanders also moved to change the wording to require the vertical integration apartments would requires a mix of uses in the actual building. Alderman Owens wanted the planning commission to consider this as part of their work as well as a percentage of the development. This motion failed. Alderman Sanders also asked for a motion to define “Stand alone” and “single use” terms in the ordinance, that motion passed. Alderman Massey made the motion to substitute the wording of the moratorium with the wording of the original moratorium. That motion failed. Discussion was extensive. The amended resolution was Approved (5-0)

10(b). Ordinance 2019-11 Amendment to Fire Prevention Ordinance – Third and Final Reading (1:22:33) – The ordinance to adopt a new fire code based on the 2015 international fire code. The state of TN currently uses the 2012 international fire code.  The proposed code added requirements for sprinklers on dead end streets over 750 feet.  There are also additional items to address safety of food trucks. It includes the ability for the BMA to establish a board of appeals for rulings of the Fire Marshal. Alderman Owens proposed changing the cul-de-sac radius from 96 back to 90 feet. That motion passed. Alderman Owens made a motion to change the length of the dead end street to 750 and up to 1,200 if homes are protected by sprinkler systems and/or alternate access. That amendment passed. The amendment to the ordinance was  Approved (4-1)

11. Ordinance 2019-12 Amendment to Fire Prevention Ordinance (Residential Sprinklers) – Third and Final Reading (1:49:00) – A representative of the Home Builders Association spoke against adoption of the code. The second individual spoke in favor of the proposed change. This item supports the adoption of the 2015 fire code.  The code requires sprinklers for new homes over 5,000 square feet vs. the current requirement of 7,500 square feet. It would require sprinkler systems in zero lot line homes with distances of less than 20 feet between homes.  The chief addressed directly addressed questions and some claims made during the last meeting. He listed peer city standards for sprinkler requirements around Shelby county and the state of Tennessee. Alderman Owens moved to amend the coded to change square footage for sprinkler requirements from 5,000 to 5,500 square feet to match Collierville’s code. That amendment was approved. Approved (4-1)

12. Ordinance 2019-13 Amendment to Subdivision Ordinance (Streets) – Second Reading Vote  (2:05:19) – The vote on this item was postponed in the last meeting. This amendment brings the design standards up to those required in the fire code. This changed the length of dead ends from 1,200 foot to 750 feet and allowing for a depth of cover of 150 feet vs. 400 and the paved cul-de-sac radius should be 96 feet vs. current standard of 90 feet. This does not remove the ability for exemptions to be requested.  There was no discussion. Approved (5-0)

13. Change Order No. 1 & 2 – Emergency Sewer Repair (2:05:57) – Public Works Director Bo Mills presented the anticipated changes discussed in the 7/22 meeting. Alderman Sanders asked questions about the timeline of the approvals. The change order was Approved (5-0)

14. Emergency Purchase – Kimbrough Pumping Station Debris Removal (2:12:02) – This work is for the debris that entered the system, estimated at over 30 truck loads of dirt and debris. The work was started by a vendor but cut off due to the City of Memphis stepping in to perform the work. The work is estimated at $193K but will come in lower depending on the efforts by the City of Memphis. Approved (5-0)

16. Purchase – Repair to Well No. 9 at the Johnson Rd. Water Treatment Plant (2:15:10) – Requesting authorization for repairs and reinstallation of Johnson Rd. Well No. 9. for $71,869. This contract piggybacks off an agreement with Dyersburg TN. This well generates 1,800 gal/min and is on of the generator backed up wells that provide water in the event of a power outage. Approved (5-0)

17. Beer Board (2:23:39) – Stoney River was cited for serving to a minor. This was a first time offense for Stoney River. They admitted Guilt and were fined $750. Swankey’s taco shop was cited for serving to a minor. This was a first time offense and they admitted guilt and were fined $750.

BMA in Brief – July 22, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The supporting documents provided to the Aldermen can be found by clicking here.

The full video of the meeting can be found on YouTube by clicking here.

6. Citizens to be Heard – No citizens came forward to address the Board

9. Beer Board (13:30) – There were two sub items presented to the Beer Board.

A. Germantown Festival – The first was the request for a temporary beer permit for Germantown Festival. The permit was approved (4-1).

B. Let it Fly – Request for a permit for on premise consumption at Let it Fly. The permit was approved (5-0)

11. Ordinance 2019-10 Rezoning 15 Acres Fulmer Property – Third Reading (21:03) – This is final reading of the rezoning of this land for office use.  The site proposal includes three medical office buildings and parking.  There was no discussion by the board and the motion Passed (5-0).

11b. Warrant – TraVure Planned Development Sign Policy (24:15) – The policy was reviewed and approved by the Design Review Commission in June.  The request covers the entire project including future phases.  The request includes a project directory, limited wall signage with specific space on buildings and color requirements and directional/hanging signs.   The request also sets requirements for signs associated with the new hotel currently under construction.  The warrant was approved (5-0)

12. Ordinance 2019-11 Amendment to Fire Prevention Ordinance – Second Reading & Public Hearing (39:47) – The public hearing had no one come forward to address the board for this item. The ordinance to adopt a new fire code based on the 2015 international fire code. The state of TN currently uses the 2012 international fire code.  The proposed code added requirements for sprinklers on dead end streets over 750 feet.  There are also additional items to address safety of food trucks. It includes the ability for the BMA to establish a board of appeals for rulings of the Fire Marshal.  Approved (5-0)

13. Ordinance 2019-12 Amendment to Fire Prevention Ordinance (Residential Sprinklers) – Second Reading & Public Hearing (49:16) – In the public hearing two people came forward to address the board.  A representative of the Home Builders Association spoke against adoption of the code. The second individual spoke in favor of the proposed change. This item supports the adoption of the 2015 fire code.  The code requires sprinklers for new homes over 5,000 square feet vs. the current requirement of 7,500 square feet. It would require sprinkler systems in zero lot line homes with distances of less than 20 feet between homes.  Approved (4-0)

14. Ordinance 2019-13 Amendment to Subdivision Ordinance (Streets) – Second Reading & Public Hearing (1:08:57) – In the public hearing two people came forward. The first spoke about sprinklers. The second spoke against the roads due to concerns over too much asphalt. This amendment brings the design standards up to those required in the fire code. This changed the length of dead ends from 1,200 foot to 750 feet and allowing for a depth of cover of 150 feet vs. 400 and the paved cul-de-sac radius should be 96 feet vs. current standard of 90 feet. This does not remove the ability for exemptions to be requested.   The vote for second reading was postponed.

15. Contract Emergency Sanitary Sewer Repair (1:35:26) – The sewer line serving the sink hole on Farmingdale formed on July 3 over a sanitary sewer line that drakes the north east section of the city.  The city of Memphis is responsible for the maintenance of these lines but declined to repair the failure. An emergency was declared to allow Germantown Public Works to address this immediate need. The total costs of this project are estimated $384,908 however there are anticipated changes coming due to additional work needed.  This approval is required to address the work immediately. The City of Germantown will be working to seek reimbursement form Memphis for the work done. Passed (5-0)

17. Reimbursement Payment No. 4 (1:45:33) – GMSD Riverdale Boiler/Chiller Renovation Project – The City of Germantown budgeted $1.5M in FY20 to assist GMSD with the Boiler and Chiller system at Riverdale.  There was no discussion, the payment was approved (5-0)

BMA in Brief – June 24, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The supporting documents provided to the alderman can be found by clicking here.

The video for this meeting can be found on YouTube by clicking here. Technical difficulties resulted in the YouTube video cutting off shortly after the FY20 budget discussion was completed. The full stream of this meeting can be watched on the city’s web page by following this link. The meeting run time was 2 hours and 57 minutes.

In executive session the agenda was amended to move items a. and j. to the regular agenda. Item 20 was moved to the preliminary agenda.

6. Citizens to be Heard (15:04) – Three citizens came forward to address the board. One on the recent flood and the potential purchase of Germantown Country Club, one on Germantown Helps and the final was a representative from Sen. Brian Kelsey’s office speaking to his efforts to get flood assistance from the State.

9. Beer Board (30:21) – Permit to allow sale of beer for on-premise consumption at Tandem Restaurant. Approved (5-0)

10. Warrant – Thornwood Phase 5 (Moondance patio) (34:00) – The proposal is for a warrant to allow Moondance to install a four season patio on the south east side of their restaurant in the Thornwood development. This area was previously approved for a pergola covered seating area. The proposed patio would be heated and air conditioned and allow for open air dining when temperatures permit. The warrant was Approved (3-2).

11. Ordinance 2019-10 Rezoning 15 Acres Fulmer Property – Second Reading and Public hearing (38:45) – In the public hearing two citizens spoke of concerns with the proposed office development being adjacent to residential neighborhoods. The concept plan for the zoning approval includes three medical office buildings. The developer answered questions from the aldermen and continued to work with neighbors to address concerns. The second reading Passed (5-0)

12. Contract Professional Services Agreement Fire Station No 3. (1:04:24) – This is approval for a contract with A2H for initial design services for the replacement of the 42 year old Fire Station No. 3 on Farmington Blvd. The $117,852 contract will cover work to identify potential locations and design costs for the replacement station. The contract was Approved (5-0)

13. Ordinance 2019-1 – Ordinance to Adopt FY20 Budget – Third Reading (1:07:39) – The board reviewed the FY20 budget. Salaries were discussed including the Personnel Advisory Commission’s recommendation of a 3% market adjustment to salaries. While the budget did not include a raise for the city administrator, Alderman Sanders moved that the salary of the city administrator not be changed without a majority vote of the board. The motion also capped the Police Chief’s salary increase at 3%. That motion was approved. A second motion by Alderman Sanders was made to cap the director level positions increase at 3%. That motion failed. Alderman Massey expressed desire to have someone make to increase funding for drainage programs but never made the motion himself. Following extensive discussion.  Approved (4-1)

14. Ordinance 2019-2 – Year End Budget Adjustments – Third Reading – This ordinance makes the final adjustments needed to close out the city’s FY19 Budget. The detailed list of adjustments can be found in the above link to the Alderman’s Packets. Approved (5-0)

15. Ordinance 2019-3 Real and Personal Property Taxes – Third Reading – This ordinance establishes the property tax rate for the city for FY20. The rate is unchanged from FY19 and remains $1.95. Approved (4-1)

16. Ordinance 2019-4 GMSD Year End Budget Adjustments – Third Reading – The detailed list of budget adjustments proposed to close out the FY19 Budget.  The detail list is included in the supporting documents in the link above.  These adjustments have been approved by the GMSD Board of Education. Approved (5-0)

17. 19R01 – Resolution on Revenues – This resolution establishes rates, fines and fees for enterprise and special revenue funds. Approved (5-0)

18. 19R02 Resolution Capital Improvements Program – Section one of the resolution identifies funding sources for projects and section two identifies the proposed projects. There was some discussion about spending allocation to drainage projects. Approved (4-1)

19. Contract Extension no. 2 Library Services – The extension of a 2015 agreement with LSS. Administration proposed executing a one year option (one of three one year extensions for this contract).  There was no discussion. Approved (5-0)

20. Agreement – Parliamentarian – Following a six month trial period of with the Parliamentarian (Dr. Schultz) a one year contract was proposed.  The hourly rate is $150/hour with a limit of $10K per year with three one year extension options.  Approved (3-2)

21. Purchase – Repair to Wells No. 2 & 6 Johnson Rd. Plant, High Service Pump no. 3 – Durring annual inspection processes these three pumps were designated to be pulled for inspections.  During those inspections it was determined that maintenance was needed. Three pumps were pulled one pump was approved for repair however, the vendor proceeded to repair all three wells/pumps which exceeded approval thresholds for this work. Immediately work was stopped and the approval brought before the board.  Approved (3-2)

22. Preliminary Agenda – The amended preliminary agenda was summarized, motioned and seconded. There was no discussion. Approved (5-0)

BMA in Brief June 10, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The agenda packets provided to the Aldermen can be found by clicking here.

The full video of the meeting can be found on YouTube by clicking here.

Flood Update from Germantown Fire Department Chief John Selberg. (6:30)

6. Citizens to be Heard (15:52) – There were a total of seven citizens that stepped up to speak. One spoke on sales tax, five spoke about the flood and one spoke about the flood and lack of cell coverage in the affected area.

9. Preliminary Agenda (41:40) – Alderman Massey proposed moving items b. and c. to the regular agenda. Both failed and the the preliminary agenda was approved as proposed. The preliminary agenda was Approved (4-1)

10. Ordinance 2019-1 Adoption of FY2020 Budget Second Reading and Public Hearing (44:03) – The Chairman of the Financial Advisory Commission (FAC) read a short statement into the record to document the work done by this group in helping to oversee the development of the FY20 budget. In the public hearing one member of the Financial Advisory Commission came forward to discuss the Germantown Country Club.  Approved (4-1)

11. Ordinance 2019-2 Year End Budget Adjustments Second Reading and Public Hearing (2:03:34) – The public hearing did not have anyone from the community come forward to make statements on this item. An extensive list of adjustments was presented to account for changes during the year. The detailed list can be reviewed by in the Aldermen’s packets. When reviewing this list note that the changes is the total in the “Proposed Adjustment” column of the document. Approved (5-0)

12. Ordinance 2019-3 Real and Personal Property Taxes Second Reading and Public Hearing (2:17:23) – The public hearing did not have anyone from the community come forward to make a statement on this item. This Ordinance sets the 2020 tax rate at $1.95, no change from the FY19 rate. Approved (4-1)

13. Ordinance 2019-4 GMSD Year-End Budget Adjustments – Second Reading and Public Hearing (2:20:17) – The public hearing did not have anyone from the community come forward to make a statement on this item. A list of the pr Approved (5-0)

14. Ordinance 2019-12 Amendment to Fire Prevention Ordinance Chapter 10 First Reading (2:22:53) – The ordinance to adopt a new fire code based on the 2015 international fire code. The state of TN currently uses the 2012 international fire code.  The proposed code added requirements for sprinklers on dead end streets over 750 feet.  There are also additional items to address safety of food trucks. It includes the ability for the BMA to establish a board of appeals for rulings of the Fire Marshal.  Approved (5-0)

15. Ordinance 2019-12 Amendment to Fire Prevention Ordinance Chapter 10 – Residential Sprinklers – First Reading (2:29:27) – This item supports the adoption of the 2015 fire code.  The code requires sprinklers for new homes over 5,000 square feet vs. the current requirement of 7,500 square feet. It would require sprinkler systems in zero lot line homes with distances of less than 20 feet between homes. Approved (5-0)

16.Ordinance 2019-13 – Amendment to Subdivision Ordinance Chapter 17 Section 17-56 (Streets) First Reading (2:34:32) – This amendment brings the subdivision ordinance in line with the requirements laid out in the fire ordinances above.  That includes requirements for cul-de-sac diameters as well as dead end street restrictions. Approved (5-0)

BMA in Brief May 13, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The supporting documents provided to the Alderman for this meeting can be found by clicking here.

A video of the full meeting can be viewed on YouTube by clicking here.

Budget Work Session 5/8/19: In preparation for the proposal of the FY20 Budget a public  work session was held on 5/8/19. The budget was reviewed in about an hour and twenty minutes. All of the department heads were present to answer questions however, there were only a few. Those questions included the impact of the $2.5M grant to GPAC and questions about expense in the special revenue drug fund. The City Administrator identified budget amendments that will need to be made based on the GPAC grant and FAC recommendation for school security funding.

6. Citizens to Be Heard – (7:51) Two spoke in favor of GCC Purchase. Fourteen residents spoke against the cell phone tower citing health, environmental and property value impacts, one person spoke in favor of the cell phone tower.

Note: Alderman Massey was not present for the Executive Session or BMA meeting. No notice was given as to the reason for the absence.

9. Preliminary Agenda – (1:20:21) Reviewed in executive session and questions were asked and answered. No adjustments were made or proposed and the Preliminary Agenda was approved (4-0)

10. Contract – Germantown Athletic Club Renovations Phase IV – (1:22:10) Phase IV is the addition of a Mezzanine and sitting area for a cafe. It will include a rework of the entry and check in desk. There will be additional activity space in the lower level. The funds for these improvements come from the dues generated by members and not from tax revenues. This phase totals $1,412,493. Passed (4-0)

11. Supplement No. 6 – Germantown Athletic Club Renovations Phase IV CEI – (1:29:29) This item is for the approval of the contract administration and construction inspections. This fee is $29,500 for Phase IV and brings the total for all the phases of this project to $415,000. Passed (4-0)

12. Ordinance No. 2019-1 – Ordinance to Adopt the FY20 Budget – First Reading – (1:32:14) The proposed budget is for $58.9M for the General fund and $22.5M of Capital improvements. The proposed budget does not include any impacts for the potential purchase of the Germantown Country Club. The purchase impact is unknown and would be added as an amendment when additional details would be finalized. A fifteen page summary of the budget is presented as the Ordinance which can be found by clicking here. Monday, June 10, 2019 will be set as the public hearing for the budget. Amendments to the budget were made based on the feedback for the FAC related to school security. The funds will be targeted via grants and if not successful the FAC recommends provided funds in the FY21 budget to pay in July 2020 to meet security upgrades. Additional amendments were made to funding related to GPAC to account for the $2.5M grant from the state of Tennessee. Passed (4-0)

13. Ordinance No. 2019-2 – Year-End Budget Adjustments – First Reading – (2:18:25) An extensive list of adjustments was presented to account for changes during the year. The detailed list can be reviewed by clicking here. When reviewing this list note that the changes is the total in the “Proposed Adjustment” column of the document. Second reading and public hearing will be held on June 10, 2019. Passed (4-0)

14. Ordinance No. 2019-3 – Real and Personal Property Taxes – First Reading – (2:33:08) This Ordinance sets the 2020 tax rate at $1.95, no change from the FY19 rate. A second reading and public hearing will be held on June 10, 2019. Passed (4-0)

15. Ordinance No. 2019-4 – Germantown Municipal School District Year-End Budget Adjustments – First Reading – (2:35:12) Similar to the BMA, GMSD must amend their budget for actual spending that hits throughout the year. A 31 page summary of the changes can be found by clicking here. A second reading and public hearing will be held on June 10, 2019. Passed (4-0)

16. Ordinance No. 2019-10 – Rezoning of a 15.229 Acre Portion of the Fulmer Property (South Side of Wolf River Blvd.) from “R” to “O” Office Zoning – First Reading – (2:38:30) This item is the rezoning of 15 acres of the 190 of the land known as Fulmer Farms. The section of land in question borders Wolf River Parkway with the Vineyard subdivision on the western border. The purpose of the proposed property is for medical office space which is consistent with the use of other land along this section of Wolf River. Concept site plans can be reviewed by clicking here. A second reading and public hearing will be held on June 10, 2019. Passed (4-0)

BMA in Brief – April 22, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The agenda packets sent to the aldermen can be found by clicking here.

The whole meeting can be viewed on YouTube by clicking here.

6. Citizens to Be Heard – (5:13) There were seven citizens that addressed the board of Mayor and Aldermen. Three of them addressed the city’s interest in purchasing the Germantown Country club. Two spoke in favor and one spoke against. Four speakers addressed the Board on the topic of a cell tower at Dogwood Elementary School. All spoke against the potential approval of this project.

9. Beer Board – (39:38) Vote to issue beer permit for Mantra India Grill (Passed 5-0)

10. Preliminary Agenda – (42:27) (Passed 5-0)

11. Contract – Farmington Playground Renovation Phase 2 – (43:21) Parks and Recreation Director Pam Beasley presented the contract from Legacy Construction in the amount of $433,857. She discussed the challenges of Phase one, including unmarked and outdated utility lines maps and rain delays. There were no change orders to phase one and the work was done to city standards. Construction will not start until School is out for the summer and efforts will be made to keep park equipment open as much as possible over the summer. There will be a basketball goals on the multiple purpose court (height not yet determined). (Passed 5-0)

12. Contract – Safe Routes to School Phase 1 & 2 – (59:47) Project funded by TDOT through grants. The project addresses the “Safe Routes to School” program with the goal of addressing safety issues within a one mile radius of the school. The one mile radius is the standard due to bussing rules that only provide bussing within a one mile radius. The project is funded by the city then reimbursed once work is complete and meet TDOT standards. Total contract is $754,160.50. (Passed 5-0)

13. Contract – Signal Upgrades – (1:07:00)The upgrades are for three intersections. Those intersections include Poplar Pike & Hacks Cross, Poplar Pike & Germantown Rd/Arthur and Poplar Ave & Kirby. Contract total value is $1,059,753.40. This project is 100% reimbursable by TDOT. (Passed 5-0)

BMA in Brief – April 8, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

6. Citizens to be Heard (22:00) – CTBH was moved until after the recognition of cheerleading teams but before the Alderman Liaison reports. There were four citizens that addressed the board. One spoke in opposition to the location of a proposed cell phone tower on the campus of Dogwood Elementary. The contract for this project is not yet before the BMA but is anticipated in the next month or so as the construction is targeted for this summer while school is out. Three citizens spoke in support of the city purchasing the Germantown Country Club property.

The “Packets” with supporting documents provided to the Aldermen can be found by clicking here.

9. Consent Agenda (41:52) – Item 9.b. was removed from consent by request of Alderman Massey during Executive Session and was added to the regular agenda as item 17. The remaining items on the Consent Agenda passed with a 5-0 vote.

10. Resolution 19R05 – Establishing a Preliminary Agenda for the City of Germantown (43:38) – This resolution establishes a Preliminary Agenda to replace the currently used Consent Agenda. The Preliminary Agenda requires a simple majority to move an item to the Regular Agenda where the Consent Agenda allowed only one alderman to make the request. Passed (3-2)

11. Approval of Warrant – Thornwood Planned Development – Sign Policy (39:28) – The current code applied to this area requires that each business apply for a warrant individually with the city to allow for standard signage which is similar to what is permitted in other commercial districts. Passed (4-1)

12. Ordinance 2019-7 Amendment to Subdivision Ordinance – Parkland Dedication – Second Reading & Public Hearing (1:01:39) – The amendment changes the wording to address the use of the term “Parks Districts” which the city does not have. The change also allows the Parks Director to review the preliminary plans prior to going to the Parks Commission. The ordinance also addresses the need for Smart Code properties to make land or financial contributions in lieu of park land. In the public hearing, one citizen addressed the board with concerns about the lack of a time limit to spend the funds collected via these fees and spoke in support of a proposed motion to review impacts. In discussion, a motion was made to apply a process for review of the location and potential usage on a case by case basis. City does not use true impact fees, they use negotiated development contracts to account for sewer usage and road items. Questions about whether park dedication is an impact fee. Amendment passes 4-1. There was additional discussion around the change in wording from Parks and Recreation commission to Parks Director and what the impact was to the commission and how the city charter worded the establishment of the Parks and Recreation Commission. Passed (3-2)

13. Ordinance 2019-8 Amendment to Vegetation Ordinance – Tree Preservation & Planting Requirements Second Reading & Public Hearing (1:30:44) – The ordinance makes two specific changes. First, it establishes the option of payment in-leiu of tree dedication. Previously, trees would have to be replaced or dedicated on public land. In some cases neither of these options are viable. The funds from these payment should be used for maintenance or replacement of public trees. The second part establishes the option of a cap to the fee. It will be at the discretion of the Design Review Commission and requires a report from an independent arborist, at the applicants expense. The public hearing did not have anyone step forward to address the board on this subject. Passed (4-1)

14. Ordinance 2019-9 Amendment to Chapter 2 Article VI, Division 2 – Purchasing Second Reading & Public Hearing (1:55:20) – This Ordinance change updated the amount of approvals for items requiring bids to be in line with state approved limits. The changes will help to streamline the approval process for these services. Section 2-328, the ordinance moves the threshold for requiring competitive sealed bids from $10K to $25K. It also moves the threshold for having three competitive quotes from a range of $4,000-$9,999.99 to a range of $10,000-$24,999. Section 2-331, this change allows the city administrator or Mayor to approve change orders up to $10K vs. the current threshold of $2,500. Section 2-337 raised the limit of bids needed for disposal of assets from $2,500 to $5,000. There was significant discussion around what could be approved under and how many transactions fall into this window. When questioned about visibility of spending for the BMA, staff indicated that only budgeted items could be purchased using this process. That being the case the BMA has visibility to proposed spending in the budget process and reporting on spending made using these approvals will be provided to the BMA. The public hearing did not have anyone step forward to address the board on this subject. Passed (3-2)

15. Change Order – GPAC Grove $5,175.83 (2:40:15) – The contract increased to $3,955,219.67 reflecting a 0.13% increase to project. The change is needed to address “unsuitable soils” that have to be made to build the project. An additional change order will come to a future BMA to address additional areas of the site that need work for “unsuitable soils”. Passed (4-1)

16. Supplement 1 – FY19 On-Call Professional Services Agreement – Traffic Engineering (2:55:00) – This is an increase to the contract from $50k to $70k or a 40% increase. The workload for budgeted items has been lower than planned however, several unbudgeted projects have resulted in the need for additional funds. Those include an in-depth study on Wolf River school traffic, striping plan for additional road work and preparation of TIP applications for state and federal funding. This firm provides traffic engineering and signal maintenance services for the city. Passed (4-1)

BMA in Brief – March 25, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

6. Citizens to be Heard (7:19) – There were four citizens that addressed the board. Three of them spoke in opposition to the location of a proposed cell phone tower on the campus of Dogwood Elementary. The contract for this project is not yet before the BMA but is anticipated in the next month or so as the construction is targeted for this summer while school is out. The fourth resident spoke about Senate Bill 1292 currently in the state legislature and his concerns about transparency.

The “Packets” with supporting documents provided to the Aldermen can be found by clicking here.

Agenda Amendments: The Agenda was amended with Items 10 (Alderman Liaison GAC) and Item 15 (Public to Private Street Conversion) being moved to the Consent Agenda.  Item b. (Sewer Manhole Rehabilitation) on the consent agenda was moved to the regular agenda as item 10.  Item c. (Change Order GPAC) on the consent agenda was moved to the regular agenda as item 15. Item g. (Supplement No. 1 On-Call Services) on the consent agenda was moved to the regular agenda as item 16.

10. Change Order – Sewer Manhole Rehabilitation (33:06) – This proposal shifts funding (in the utility fund) from work that was budgeted for cured in place pipe work to the cover 35 additional manholes in the Woodridge and Poplar Estates Subdivisions. This increases the contract from $150K to $215K. This contract is part of a cooperative and uses a bid from Cookville, TN. The work is needed to reduce infiltration of rain water into the sewer system. Rain water in the sanitary sewer can contribute to backups in homes. Passed (5-0)

11. Approval of Warrant – Thornwood Planned Development – Sign Policy (39:28) – The current code applied to this area requires that each business apply for a warrant individually with the city to allow for standard signage which is similar to what is permitted in other commercial districts. Passed (4-1)

12. Ordinance 2019-7 Amendment to Subdivision Ordinance – Parkland Dedication – Second Reading & Public Hearing (1:01:39) – The amendment changes the wording to address the use of the term “Parks Districts” which the city does not have. The change also allows the Parks Director to review the preliminary plans prior to going to the Parks Commission. The ordinance also addresses the need for Smart Code properties to make land or financial contributions in lieu of park land. In the public hearing, one citizen addressed the board with concerns about the lack of a time limit to spend the funds collected via these fees and spoke in support of a proposed motion to review impacts. In discussion, a motion was made to apply a process for review of the location and potential usage on a case by case basis. City does not use true impact fees, they use negotiated development contracts to account for sewer usage and road items. Questions about whether park dedication is an impact fee. Amendment passes 4-1. There was additional discussion around the change in wording from Parks and Recreation commission to Parks Director and what the impact was to the commission and how the city charter worded the establishment of the Parks and Recreation Commission. Passed (3-2)

13. Ordinance 2019-8 Amendment to Vegetation Ordinance – Tree Preservation & Planting Requirements Second Reading & Public Hearing (1:30:44) – The ordinance makes two specific changes. First, it establishes the option of payment in-leiu of tree dedication. Previously, trees would have to be replaced or dedicated on public land. In some cases neither of these options are viable. The funds from these payment should be used for maintenance or replacement of public trees. The second part establishes the option of a cap to the fee. It will be at the discretion of the Design Review Commission and requires a report from an independent arborist, at the applicants expense. The public hearing did not have anyone step forward to address the board on this subject. Passed (4-1)

14. Ordinance 2019-9 Amendment to Chapter 2 Article VI, Division 2 – Purchasing Second Reading & Public Hearing (1:55:20) – This Ordinance change updated the amount of approvals for items requiring bids to be in line with state approved limits. The changes will help to streamline the approval process for these services. Section 2-328, the ordinance moves the threshold for requiring competitive sealed bids from $10K to $25K. It also moves the threshold for having three competitive quotes from a range of $4,000-$9,999.99 to a range of $10,000-$24,999. Section 2-331, this change allows the city administrator or Mayor to approve change orders up to $10K vs. the current threshold of $2,500. Section 2-337 raised the limit of bids needed for disposal of assets from $2,500 to $5,000. There was significant discussion around what could be approved under and how many transactions fall into this window. When questioned about visibility of spending for the BMA, staff indicated that only budgeted items could be purchased using this process. That being the case the BMA has visibility to proposed spending in the budget process and reporting on spending made using these approvals will be provided to the BMA. The public hearing did not have anyone step forward to address the board on this subject. Passed (3-2)

15. Change Order – GPAC Grove $5,175.83 (2:40:15) – The contract increased to $3,955,219.67 reflecting a 0.13% increase to project. The change is needed to address “unsuitable soils” that have to be made to build the project. An additional change order will come to a future BMA to address additional areas of the site that need work for “unsuitable soils”. Passed (4-1)

16. Supplement 1 – FY19 On-Call Professional Services Agreement – Traffic Engineering (2:55:00) – This is an increase to the contract from $50k to $70k or a 40% increase. The workload for budgeted items has been lower than planned however, several unbudgeted projects have resulted in the need for additional funds. Those include an in-depth study on Wolf River school traffic, striping plan for additional road work and preparation of TIP applications for state and federal funding. This firm provides traffic engineering and signal maintenance services for the city. Passed (4-1)

BMA in Brief – February 25, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The Consent Agenda was amended to move the approval Professional Services agreement of the Golf Course Appraisal to the regular agenda. The commission appointments were moved to the Consent Agenda. There were no Citizens to be Heard.

The meeting can be viewed by clicking here.

9. Consent Agenda – Passed as amended 5-0 (begins approximately 15:14)

10. Appointments to Commissions – Moved to Consent Agenda

11. Contract – Winchester Road Resurfacing Project – 80 % of this project is funded by a TDOT grant of $1.1M. The city match for this project is $296K. The bid came in over budget and the Metropolitan Planning Organization agreed to fund the overage. Passed 5-0 (begins approximately 16:54)

12. Supplement No. 1 – Construction Engineering and Inspection Services – Winchester Rd – This contract is required to make sure that the project meets the state of Tennessee requirements due to this being funded by a TDOT grant. This will be funded as well 80/20 by TDOT grant with the city’s portion being $142K. Passed 5-0 (begins approximately 32:42)

13. Development Contract 1226 and Final Site Plan for New Cell Tower @ Madonna Learning Center – This is a T-mobile tower being moved from a MLGW transmission tower to a new stand alone tower on the Madonna Learning Center property. The Design and Review Commission (DRC) approved a design of a 140 foot mono pole design as opposed to the mono pine design. Alderman Massey moved to send the review the back to the DRC, seconded by Alderman Sanders. The motion to return the proposal to DRC failed 2-3 with Aldermen Massey and Sanders voting yes. Alderman Sanders moved to amend the motion to classify the tower as a Mono Pine, seconded by Vice Mayor Gibson. The amendment failed 2-3 with Alderman Massey and Sanders voting yes. Contract passed as submitted. Passed 4-1 (begins approximately 37:25)

14. Ordinance No. 2019-5 – Amendment to Zoning Ordinance Chapter 23 – Smart Code: Site Standards 3rd and Final Reading – This is the final reading for a change to the code for curb cut widths to address issues with access for emergency equipment. Approved 5-0 (begins approximately 1:10:11)

15. Ordinance No. 2019-6 – Amendment to Zoning Ordinance Chapter 23 – Wireless Transmission Facility 3rd and Final Reading – This change to the ordinance has two parts. First, it allows staff to approve minor changes to existing cell towers. Those types of changes currently require approval of the BMA. Staff updated the language to clarify approvals were only for existing facilities. The second change places process in place for the coming small cell technology. Alderman Massey moved to send the wording back to the Planning Commission and the motion failed due to a lack of a second. Alderman Sanders moved to amend the wording as proposed by staff and that amendment passed 4-0 with Alderman Massey abstaining. Alderman Sanders moved to change the wording to allow for and 18 inch pole and passed 4-0 with Alderman Massey abstaining. The extra two inches allow all the equipment associated with small cells to stay inside the pole. Alderman Massey moved to postpone the vote until staff presents a redline version of the document. The motion to postpone failed 2-3 with Aldermen Massey and Sanders voting yes. The amended ordinance was approved 4-1 (begins approximately 1:13:15)

16. Ordinance No. 2019-7 Amendment to Subdivision Ordinance Chapter 17-60 – Parkland Dedication – First Reading – The amendment changes the wording to address the use of the term “Parks Districts” which the city does not have. The change also allows the Parks Director to review the preliminary plans prior to going to the Parks Commission. The ordinance also addresses the need for Smart Code properties to make land or financial contributions in lieu of park land. Public Hearing date: March 25, 2019 First Reading Approved 4-1 (begins approximately 1:48:19)

17. Ordinance No. 2019-8 Amendment to the Vegetation Ordinance Chapter 22 – Tree Preservation and Planting – First Reading –  The ordinance makes two specific changes.  First it establishes the option of payment in-leiu of tree dedication.  Previously trees would have to be replaced or dedicated on public land.  In some cases neither of these options are viable.  The funds from these payment should be used for maintenance or replacement of public trees.  The second part establishes the option of a cap to the fee.  It will be at the discretion of the Design Review Commission and requires a report from an independent arborist, at the applicants expense.  Public Hearing date: March 25, 2019 Passed 4-1 (begins approximately 2:07:19)

18. Ordinance No. 2019-9 Amendment to Chapter 2, Article VI, Division 2 – Purchasing – First Reading – This Ordinance change updated the amount of approvals for items requiring bids to be in line with state approved limits. The changes will help to streamline the approval process for these services. Section 2-328, the ordinance moves the threshold for requiring competitive sealed bids from $10K to $25K.  It also moves the threshold for having three competitive quotes from a range of $4,000-$9,999.99 to a range of $10,000-$24,999.  Section 2-331, this change allows the city administrator or Mayor to approve change orders up to $10K vs. the current threshold of $2,500.  Section 2-337 raised the limit of bids needed for disposal of assets from $2,500 to $5,000.  Passed 4-1 (begins approximately 2:18:07)

19. Professional Services Agreement Appraisal – Germantown Country Club – This is approval for an appraisal for the Germantown Country Club property. The city is interested in bidding when the trustee for the family issues a request for proposal (RFP), estimated to happen in March. The appraisal helps to justify the proposed price when the city makes their potential offer. The offer will need to be reviewed by the Financial Advisory Commission and BMA for approval prior to submission to the trustee. Approved 5-0 (begins approximately 2:41:32)

20. Parliamentarian and debate of timeline of public debate during agenda items. This item was removed as there was not a 2/3 majority to add the item. A vote to reconsider passed 3-2 (begins approximately 2:48:10)

Beer Board Hearing – Suspension/Revocation of Beer License – The Fresh Market – Fresh Market was found guilty of selling beer to a minor and fined $1,500 for the offense. This was the fourth offense at this location dating back to 2006. Fine approved 5-0. (begins approximately 2:55:45)