Aldermen – 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 – 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 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)

BMA in Brief – February 25, 2019

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)

Processing the Questions

Scott Sanders has hit the ground running. While we may not always agree politically, it is worth noting that he is doing things the right way so far. Covering the city has had us out and about attending commissions and other public meetings. We are used to seeing certain Aldermen at most of these events and glad to add Alderman Sanders to that list. I even noted that Alderman Sanders was in the Economic Development office meeting with City Staff while I was meeting with staff to discuss the MPO list.

In discussion about the changing structure for the city’s billing agreement with the law firm that provides legal counsel to the city it was clear that Mr. Sanders had done his homework. He had questions about the impact of the process and went to the City Administrator to address those one on one. As a result, he spoke confidently and cast a vote reflecting what he believes is in the best interest of the citizens of Germantown. The aldermen are encouraged to do this. While the agenda packets are quite detailed it is difficult to anticipate every question that may come up given the diverse personal and professional backgrounds of the Board.

The work of governing is done in the lead up to meetings, not in the debate from the podium. We wholeheartedly believe in the value of healthy public debate. However, it is important to be prepared for those meetings. Generally, policy doesn’t just show up on an agenda a few days before a BMA meeting. Most items on the agenda have been in the works for some time and have moved through one or more of the commissions prior to being voted on in the BMA. Some are even called out in the annual budget approved at the beginning of the year. That is why staying involved is important.

In some cases, citizen volunteers and staff put hours, months and even years into developing proposals that get voted on in the BMA. Respect for those efforts means engaging early and addressing questions prior to votes. Good timely questions actually help shape policy, especially when they are part of the development process. That level of engagement should be present with all of our Aldermen.

Staff should certainly be ready to answer questions but aldermen should be engaged in the process early and often. The Executive Sessions are open to the public and held 30 minutes prior to the BMA meetings. If you ever sit in one of these Executive sessions, you are likely to hear Aldermen ask the same questions in both meetings. They do this so that the responses will make it on the recordings for citizens that only attend the BMA or watch online. At most meetings you will see department heads sitting in the audience ready to address questions from the Board. Staff works hard to makes sure the Aldermen can make well informed decisions.

5-0 votes shouldn’t happen all the time. They should happen most of the time and not because people are blindly agreeing. They should happen because our leaders are engaged and have had their concerns addressed earlier in the process and the result is something that reflects their input and what is best for our community.