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 PlantingFirst 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 desecration 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)

 

BMA in Brief – February 11, 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.Screen Shot 2019-02-12 at 8.04.25 PM.png

The video recording for this meeting is not currently available via the usual Youtube links. The video can be accessed through the City web page by clicking here and scrolling down “Archived Videos”.  Simply click on February 11, 2019 meeting to watch the video. The “Consent Agenda” was modified to remove item “a.” and make it item 15 on the regular agenda. There were no “Citizens to Be Heard” submissions and no citizens spoke in any of the public hearings.

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9. Beer Board:

a. Leadership Germantown Trivia Night – permit for the sale of beer at the annual fundraiser to be held on February 23 at the Great Hall. Passed 4-1, Alderman Massey voting “No”

b. Exxon Food Mart (1300 South Germantown Rd.) – permit for sale of off premise consumption beer. Passed 5-0

10. Consent Agenda – Passed 5-0

11. Ordinance 2019-5 – Amendment to Smart Code Site Standards 2nd reading – Wording change to allow for driveway widths of 30.  This addresses an issue in the wording and allows for curb cuts that accommodate emergency equipment. Staff will research potential wording changes for the 3rd reading to address potential issues with TDOT and curb cuts on Poplar. Passed 5-0

12. Ordinance 2019-6 Amendment to Wireless Transmission Zoning 2nd reading – Amendment addresses two issues. The first issue is around existing macro towers requiring BMA approval for routine upgrades (e.g. antenna replacement, 4G to 5G upgrades). The second part of this amendment is placing rules around the placement of “Small Cell” technology in the city. Passed 3-2 Aldermen Sanders and Massey voting “No.”

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13. Telecommunications Franchise Agreement – XO Communications – Ten year franchise agreement to allow XO Communications, a Verizon subsidiary, to install fiber optic communications underground in right-of-way. Passed 5-0

14.Wireless Equipment Upgrade Verizon @ OLPH – Approval of antenna upgrades to the existing tower at OLPH. Passed 5-0

15. Shelby County Schools Facility Usage Agreement – Extension of the agreement to allow Germantown Middle and High to use Germantown Parks and Recs facilities. The agreement also allow Germantown Parks and Rec to use school basketball courts for youth leagues. Passed 5-0

Better Cell Coverage Coming to Dogwood?

Tuesday ,December 11, 2018 the Board of Zoning Appeals (BZA) met to discuss three items. The first item, and probably most interesting to many of us that live in the area, was an appeal to allow a cell phone tower on GMSD property (the Dogwood Elementary campus). Below is the detailed description of the proposal from the agenda packet posted on the city’s web page.

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The BZA approved this request and the next step will be for this project to go before the Planning Commission for site plans. Below you can see all the steps that this project will have to clear prior to going to the BMA for final approval.

This is just one example of Germantown’s extensive review process and multiple opportunities for feedback for projects like this.

If you support or have concerns about this project be sure to engage your aldermen and attend one of these meetings. There was only one resident who spoke up tonight. Comments in the meeting indicated that there were three letters for and three letters against this project. After the Planning Commission, the Design Review Commission will review the proposal before forwarding it to the BMA.

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The documents supporting this meeting can be found by clicking here.

The two other items reviewed by the BZA were a project at Houston High School and a resident seeking an appeal for an additional driveway on a corner lot. All three items were approved by the Board.

You can watch the entire meeting below.