Germantown Voice

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

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

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

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

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)

Germantown Country Club Closing

Multiple sources have provided us with copies of this letter that was sent to members of the Germantown Country Club.

With this announcement there are bound to be plenty of questions about the future of this property. First let’s cover some facts about the property.

Owner: Mary C Anderson Revocable Living Trust
Size: 178.6 Acres
Zoning: Currently Zoned Residential
2018 Assessed Value $1.6 Million
Substantial part of the land is in flood zone

The big question everyone has is what will happen to the land and what will be built there? All we know for sure is that the club is ceasing operations. The owners have provided no indication what they intend to do with the land. They could choose to do some sort of development on their own or they could sell the land whole or in pieces. An appeal to change the zoning would be needed for anything other than residential development. Even a PUD (or Zero Lot Line Homes) would require review and approval of the Board of Zoning and Appeals, Planning Commission and Board of Mayor and Aldermen. For that matter, even a residential neighborhood would need approval.

We probably will not see detailed plans until the owners begin the process for approving any of their proposed changes to the property. We will be watching this closely and helping you stay informed about what plans come forward for this land.

Flood Zone.JPG

https://msc.fema.gov/portal/search?AddressQuery=Germantown%2C%20TN#searchresultsanchor

CommUNITY Breakfast

On Saturday December 8, 2018 Germantown Baptist Church hosted a Community Breakfast. The breakfast was an effort to begin the process of bringing the community together after a contentious election and was the result of conversations between the Mayor and City Chaplin, Dr. Fowler. Graciously, Dr. Charles Fowler and the Germantown Baptist Church Congregation served those in attendance providing hospitality and free breakfast. We asked Dr. Fowler about why GBC stepped up to host this event and he said, “we felt that an event where our community could come together, encourage and give hope would help build unity and help to heal some of the divisiveness of the election season.” We would like to extend our thanks to Germantown Baptist and Dr. Fowler for hosting this event.

There were four guest speakers we have provided links to videos of their speeches below for those who were unable to attend.

Elected officials in attendance included Mayor Palazzolo, Alderman-elect Sanders, Alderman Owens and Alderman Janda. Recognized guests included former County Mayor Mark Luttrell and former Germantown Mayor Sharon Goldsworthy. We estimate the attendance to be around 125.

Election Night Reflections

It is election night, midnight on election night to be exact. We have been on the phone, texting and talking to friends trying to figure out what has happened. At this point, it looks like Mike Palazzolo is in the lead but the results are still too close to call in the mayoral race.

As for the alderman races, it looks like Scott Sanders and Mary Anne Gibson have won. School board looks like Betsy Landers will retain her seat and Angela Griffith will fill the seat vacated by Lisa Parker.

So what does this mean? It means that our community is divided. Even if the mayoral results swing, it can’t be assumed that either candidate was elected with mandate.It is incumbent on our next mayor to work to bring this community together. We as a community must work to have civil discussion about the issues we face. Our mayor and aldermen need to help lead that discussion. It is time to stop pointing fingers and playing blame games and time to work on solutions to problems facing our community.

Win or lose, thank the candidates that take the time and effort to run for office. It is a stress on them, their families and friends. This evening is one of highs and lows. For every party, there are friends and families supporting their candidates facing the disappointment of a loss. The sacrifice is real and the heart of our government. We may not all agree on the how we lead Germantown into the future, but we all agree that we want the best for this great city.

Thanks to all those who run, even if we may not always agree on the “how”.