6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN PUBLIC HEARING - 6:15 PM. Sponsor(s): City Manager Kenny Martin

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1 AGENDA February 27, 2017 MT. JULIET BOARD OF COMMISSIONERS 6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN Public Hearing 6:15 PM. Discussion Item PUBLIC HEARING - 6:15 PM Sponsor(s): City Manager Kenny Martin 1. Accept Eastern Star Grant and appropriate funds for Canine protective vest 2. Amend FY 16/17 Budget to renovate the outside of City Hall 3. Appropirate funding to realign & widen Old Lebanon Dirt Road from Julie Drive to Cobblestone Landing 4. Appropriate funding to widen Lebanon Road from Park Glen Drive to Golden Bear Gateway 5. Appropriate funding to widen Golden Bear Gateway from Cedar Creek to Lebanon Road 6. Amend FY 2016/2017 Emergency Services Budget to purchase two Command Vehicles 7. Approve the Agreed Order with WCBOE 8. Amend PMDP PUD for Mt. Juliet Commons and rezone from OPS to CG 9. Amend FMDP for Premier Dodge Chrysler Jeep PUD to authorize a variance in the size of the wall signage 1

2 1. Call to Order & Declare a Quorum Present 2. Set Agenda 3. Invocation & Pledge of Allegiance 3.1. Friendship Community Church 4. Approval of Minutes 4.1. Board of Commissioners - Regular Meeting - Feb 13, :30 PM 5. Citizens Comments 6. Commissioner Reports & Comments 7. City Manager's Report 8. Unfinished Business Consent Agenda Items: 9. Unfinished Business A. Ordinances 2nd Reading 9.A.1. Ordinance AN ORDINANCE AMENDING THE PRELIMINARY MASTER DEVELOPMENT PLAN PUD FOR MT. JULIET COMMONS AND RESOLUTION NO (ZONING MAP), ADOPTED APRIL 11, 2016, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF ONE (1) TRACT OF LAND OWNED BY CYNTHIA HARRIS, AND LOCATED AT 127 TATE LANE AND AS DESCRIBED HEREIN FROM OFFICE PROFESSIONAL SERVICES (OPS) TO COMMERCIAL GENERAL (CG) PUD BEING MAP 053, PARCEL /19/17 Planning Commission RECOMMENDATION 01/23/17 Board of Commissioners RECOMMENDATION Sponsor(s): Positive Recommendation 9.A.2. Ordinance AN ORDINANCE AMENDING THE FINAL MASTER DEVELOPMENT PLAN FOR THE PREMIER DODGE CHRYSLER JEEP PLANNED UNIT DEVELOPMENT (PUD), TO AUTHORIZE A VARIANCE TO INCREASE THE NUMBER OF THE WALL SIGNAGE 01/19/17 Planning Commission RECOMMENDATION 01/23/17 Board of Commissioners RECOMMENDATION Sponsor(s): Positive Recommendation 9.A.3. Ordinance AMEND BUDGET TO ACCEPT EASTERN STAR GRANT AND APPROPRIATE FUNDS FOR CANINE VEST 01/23/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin 2

3 9.A.4. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FOR THE REPAIR OF THE OUTSIDE OF CITY HALL BUILDING LOCATED AT 2425 N. MT. JULIET ROAD NOT TO EXCEED $530, /13/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin 9.A.5. Ordinance APPROPRIATING FUNDING FOR OLD LEBANON DIRT ROAD WIDENING 02/13/17 Board of Commissioners RECOMMENDATION Sponsor(s): Mayor Ed Hagerty 9.A.6. Ordinance APPROPRIATING FUNDING FOR LEBANON ROAD WIDENING 02/13/17 Board of Commissioners RECOMMENDATION Sponsor(s): Mayor Ed Hagerty 9.A.7. Ordinance APPROPRIATING FUNDING FOR GOLDEN BEAR GATEWAY WIDENING 02/13/17 Board of Commissioners RECOMMENDATION Sponsor(s): Mayor Ed Hagerty 9.A.8. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND - FOR TWO COMMAND VEHICLES - $88, /13/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin 9.A.9. Ordinance AN ORDINANCE TO APPROVE THE AGREED ORDER APPROVED BY THE WILSON COUNTY BOARD OF EDUCATION ON FEBRUARY 6, 2017 TO SETTLE THE SUIT FILED BY THE WILSON COUNTY BOARD OF EDUCAITON AND LEBANON SPECIAL SCHOOL DISTRICT AGAINST THE CITY OF MT. JULIET AND AUTHORIZES CITY ATTORNEY GINO MARCHETTI AND TML APPOINTED ATTORNEY KRISTIN BEREXA TO SIGN THE AGREED ORDER 02/13/17 Board of Commissioners RECOMMENDATION Sponsor(s): Commissioner - District 1 Ray Justice B. Ordinances 1st Reading - Deferred on 2/13/17 9.B.1. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND FOR EASEMENTS AND LAND - $275,

4 01/23/17 Board of Commissioners DEFER Next: 02/13/17 02/13/17 Board of Commissioners DEFER Next: 02/27/17 Sponsor(s): Vice Mayor - District 2 James Maness 10. New Business Consent Agenda Items: 11. New Business A. Ordinances 1st Reading 11.A A.2. Ordinance AN ORDINANCE AMENDING , ON THE DESIGN AND CONSTRUCTION OF CELL PHONE TOWERS. 05/15/14 Planning Commission RECOMMENDATION Sponsor(s): Ordinance AN ORDINANCE OF THE CITY OF MT. JULIET TO AMEND THE MT. JULIET CITY CODES CHAPTER 4 ALCOHOLIC BEVERAGES 11.A.3. Sponsor(s): City Manager Kenny Martin Ordinance ACCEPT CONOVER FOUNDATION GRANT AND APPROPRIATE FOR POLICE OFFICERS PROTECTIVE VESTS ACQUISITION Sponsor(s): City Manager Kenny Martin. Deputy Chief Mullins is requesting deferral 11.A Adjournment Ordinance APPROPRIATE FUNDS FOR POLICE OFFICERS PROTECTIVE VESTS Sponsor(s): City Manager Kenny Martin. Deputy Chief Mullins is requesting deferral 4

5 a PUBLIC NOTICE The Board of Commissioners of the City of Mt. Juliet will have a Public Hearing on Monday, February 27, 2017 at 6:15 p.m. to hear comments on the following item to be considered on 2 nd and final reading: Amend FY 2016/2017 Budget to accept the Eastern Star Grant and appropriate the fund for a Canine Vest. Amend FY 2016/2017 Budget to appropriate fund for the repair of the outside of City Hall located at 2425 N. Mt. Juliet Road, not to exceed $530, Appropriate funding for the widening of Old Lebanon Dirt Road from Julie Drive to Cobblestone Landing. Appropriate funding to widen Lebanon Road from Park Glen to Golden Bear Gateway. Appropriate funding to widen Golden Bear Gateway from Cedar Creek to Lebanon Road. Amend FY 2016/2017 Emergency Services Budget to purchase two Command Vehicles. Approve the Agreed Order with WCBOE. Amendment to the Preliminary Master Development Plan PUD for Mt. Juliet Commons and rezone one tract of land owned by Cynthia Harris, located at 127 Tale Lane from Office Professional (OPS) to Commercial General (CG), Map 053, Parcel (previously advertised) Amend the Final Master Development Plan for the Premier Dodge Chrysler Jeep PUD, to authorize a variance to increase the number of the wall signage. (previously advertised) The public is invited to attend and comment. Kenny Martin, City Manager City of Mt. Juliet Attachment: (2804 : Public Hearing - 6:15 PM) Packet Pg. 5

6 4.1 MINUTES February 13, 2017 MT. JULIET BOARD OF COMMISSIONERS 6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN Public Hearing 6:15 PM. Discussion Item PUBLIC HEARING - 6:15 PM Sponsor(s): City Manager Kenny Martin Called to order at 6:15 p.m. No pros or cons voiced. 1. Rezone Jay Wilfong Property 2. Rezone Beckwith West 3. Merge Fire Department into the General Fund 1. Call to Order & Declare a Quorum Present Attendee Name Title Status Arrived Ed Hagerty Mayor Present James Maness Vice Mayor - District 2 Present Art Giles Commissioner - District 3 Present Ray Justice Commissioner - District 1 Present Brian Abston Commissioner Present Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 2. Set Agenda As Published 3. Invocation & Pledge of Allegiance. Teresa Snyder, Children's Minister Friendship Community Church 1 Packet Pg. 6

7 4. Approval of Minutes Board of Commissioners - Regular Meeting - Jan 23, :30 PM Mayor Ed Hagerty requested that the following corrections be made to the January 23, 2017 minutes and there were no objections voiced. 1) Packet Page 13 Mayor Hagerty stated he would be for a referendum. 2) Packet Page 14 Mayor Hagerty stated he was referring to the extra cost of the drive thru bay at the fire station of $400K 3) Packet Page 15 Deputy Chief Allen statement should say "potentially high maintenance cost". No objections voiced. RESULT: ACCEPTED [4 TO 0] MOVER: Ray Justice, Commissioner - District 1 SECONDER: Brian Abston, Commissioner AYES: ABSTAIN: Hagerty, Maness, Justice, Abston Giles 5. Citizens Comments Bobby Sullins, 1579 Golden Bear Gateway: Thanked the Board of Commissioners for allowing him to address them. Stated concerns over traffic issues, and lack of sidewalks. Several developments are in the area with numerous lots approved to be built on. Supports the sidewalks. Sally Robertson, 423 Willis Pass: Takes train to work each day. Sign is needed on Mt. Juliet Road and East Division to state watch out for Pedestrians/Bike Riders. "Yield to Pedestrians". 6. Commissioner Reports & Comments Commissioner Ray Justice: Thanked Mr. Sullins for addressing the Board and stated that Beazer is adding $ per lot for sidewalks and the sidewalks will go to Lebanon Road. The Father - Daughter Dance that was at the Community Center was great. Thanked Parks Director Rocky Lee and staff. Vice-Mayor James Maness: Thanked those that addressed the Board and welcomed Mrs. Hagerty. Thanked State Representative Susan Lynn and Senator Mae Beavers for holding Town Hall Meetings here at City Hall. Someone had previously asked if we could budget $25, per intersection for interactive traffic signals in the Providence area. Asked Assistant Public Works Director Andy Barlow to speak on the adaptive signals that are up and working. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Assistant Public Works Director Andy Barlow: Stated that the adaptive traffic signals are working on 8 lights from Graves Crossing to Lowe's. He has been able to drive without stopping during rush hour once he got a green light. There 2 Packet Pg. 7

8 will be more tweaking. This is the 1st one in the state that was obtained with Federal money. 4.1 Vice-Mayor James Maness: Kids are thankful to be out of school for the week due to illness. Asked for prayers for his uncle. Commissioner Art Giles: None Commissioner Brian Abston: Dittoed Vice-Mayor James Maness' comments on the new signals. They are moving traffic much better. Wanted to publicly announce that Mt. Juliet will take advantage of a special event of the full Solar Eclipse on Monday, August 21, This is a once or possibly twice in a lifetime event. He is chairing a committee that will plan activities throughout the day but especially at Charlie Daniels Park. The Steering Committee is in place and will be looking for volunteers. Please him and he will discuss the plans. Several ideas are in the planning stages. Mayor Ed Hagerty: Recognized Troop 150 in attendance tonight and working on Citizenship in the Community merit badge. 7. City Manager's Report City Manager Kenny Martin stated we currently have three other Eagle Scout Candidates working on projects to benefit the City. We have trash bins that will be placed at Eagle Park. Encouraged the residents not to throw trash out and use the receptacles provided. State Representative Lynn will be here on February 23rd at 6:30 - topics to be sent out later. 8. Unfinished Business Ordinance 2nd Reading. Ordinance MERGE FIRE DEPARTMENT REVENUE AND EXPENSES INTO THE GENERAL FUND Sponsor(s): Vice Mayor - District 2 James Maness Vice-Mayor James Maness: Stated he has a path forward that might accomplish the end goal. Motion made by Vice - Mayor James Maness to strike items 1,2, and 3 and state " in addition to property tax the Emergency Services Fund may be funded by other sources", seconded by Commissioner Ray Justice. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Mayor Ed Hagerty questioned how is this different? This will allow fire to have 100% of the Property Tax plus monies from other sources, which he cannot support. Commissioner Ray Justice questioned if there is an ordinance that states the Emergency Services Fund has to be funded by property tax? Deputy City Manager Sheila Luckett will research. 3 Packet Pg. 8

9 Commissioner Brian Abston stated if they can pull from the General Fund then there is no reason to put them in the General Fund. 4.1 Commissioner Ray Justice stated there is no change since they can come from the General Fund now. Fire is a need, not a want. Mayor Ed Hagerty stated he stood in front of 500 people and told the residents that the property tax would fund the fire department and this board bought into this funding concept. This is an attempt to change something that has been working for 5 years. This opens up Pandora's Box, a bureaucratic system and something that was not planned to happen 5 years ago. Commissioner Ray Justice stated you did make a promise and he does not feel one person would feel badly toward the Mayor. He respects where the Mayor is coming from. Does not feel we can restrict the Fire Department's growth. Mayor Ed Hagerty stated Fire has grown faster than any other department. As Mr. Sullins stated we are growing. The other departments would love to have this funding source. When you spend more on fire then you will spend less on Parks, Police, Roads, etc. We have a very good plan that is working extremely well. Commissioner Ray Justice stated he does not have a fire station in his area. Mayor Ed Hagerty stated that is on the agenda and you are requesting that the purchase of the land for the fire station in your area be deferred. Commissioner Brian Abston stated this is an issue that he hates, and it gives you butterflies before the meeting. No matter what happens someone will be upset. I voted one way the last time and will vote differently this time. He apologizes for the change but has to agree with the Mayor. He feels changing this would be the wrong thing to do. What can we do to benefit the most people with what we are going to do? Fire has its own funds and we know what comes out of it. If we change then the transparency changes. Putting them in the General Fund will cause the general public to never trust that we do what we say we are doing. Would like to propose something that would benefit everyone. Let Fire purchase 2 new vehicles out of the Emergency Service Fund, add the Firefighters, but leave them in the Emergency Services Fund. We sold the Sellers building with money going to the General Fund. Designate this money toward the Fire Department building when we get to that point. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) City Manager Kenny Martin stated we have the money from the Sellers building and this Board has earmarked it for the building of the new fire station. 4 Packet Pg. 9

10 Commissioner Brian Abston stated we have needs and wants, but we need to take care of the needs first. Let's get the 2 vehicles. The land is proposed at $275, which we can allow to come out of the Emergency Services fund. With new businesses coming to town that have been announced, and additional growth, the property tax revenue will increase significantly. Feels we can accomplish the goals of the Fire Department. The Fund will continue to grow over the next few years. Does not feel we need to make this decision this year, we have approximately 3 years before this decision has to be made. We are all for an additional fire station and additional service. We just need to get there the best possible way. And moving Fire to the General Fund when the property tax was enacted just for Fire, doesn't make sense at this time. He has received calls from constituents and he listens to them and he has never changed his vote since being on the Board. But he will do what his constituents want. Commissioner Art Giles stated he agrees with Mayor Ed Hagerty. The Department needs to live within its means. We have a budget coming up for the next Fiscal Year. Questioned Finance Director John Rossmaier if grants or donations could be put in this Fund? Finance Director John Rossmaier stated yes. Fire Chief Jamie Luffman stated there are grants to apply for apparatus. We applied for Firefighters two times and received one grant, they have previously applied for equipment grants. He is unaware of other grants that are available. Commissioner Art Giles questioned who is watching for grants to make everyone aware? We need to apply for every grant you can as the other departments do, this will help your department. Fire Chief Jamie Luffman stated he will investigate it. Vice-Mayor James Maness stated he feels this does not have to be solved tonight. We are about 3 years out. Vote on amendment to strike 1, 2 & 3 and state "in addition to property tax the Emergency Services Fund may be funded by other sources", : Yea: Maness, Justice Nay: Hagerty, Giles, Abston 4.1 Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Motion to defer indefinitely made by Vice-Mayor James Maness, seconded by Commissioner Ray Justice Vote to defer indefinitely: Yea: Unanimous 5 Packet Pg. 10

11 4.1 RESULT: DEFER [UNANIMOUS] Next: 12/31/ :00 PM MOVER: James Maness, Vice Mayor - District 2 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston 8.1. Ordinance AN ORDINANCE AMENDING ORDINANCE NO (ZONING MAP), ADOPTED JULY 23, 2012, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 31.44_ACRES OF LAND OWNED BY B & B ENTERPRISES AND LOCATED AT 4982 & 5052 BECKWITH ROAD AND AS DESCRIBED HEREIN FROM RS-40_TO COMMERCIAL INTERCHANGE (CI) BEING MAP 078, PARCELS 05700& /17/16 Planning Commission DEFER, NO VOTE 12/15/16 Planning Commission RECOMMENDATION 01/09/17 Board of Commissioners RECOMMENDATION Sponsor(s): Positive Recommendation City Planner Bo Logan: Stated that no plans have been submitted but this is for the free standing Emergency Room. He stated offsite improvements will be requested. RESULT: MOVER: ADOPTED [UNANIMOUS] Brian Abston, Commissioner SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston 8.2. Ordinance AN ORDINANCE AMENDING ORDINANCE NO (ZONING MAP), ADOPTED JULY 23, 2012, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 14.00_ACRES OF LAND OWNED BY JAY WILFONG AND LOCATED AT 5120 BECKWITH ROAD AND AS DESCRIBED HEREIN FROM RS-40_TO COMMERCIAL INTERCHANGE (CI) BEING MAP 078, PARCEL /17/15 Planning Commission RECOMMENDATION 09/28/15 Board of Commissioners FAIL 01/09/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin When this item was considered under Unfinished Business it was deferred for one month, the City Attorney Gino Marchetti stated this had to be brought back up at the end of the meeting. This Board previously agreed to rezone this property. If we do not rezone we ill be in Contempt of court. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) After all business was concluded a Motion was made by Vice Mayor James Maness to reconsider this item, seconded by Commissioner Brian Abston: Vote Yea: Unanimous 6 Packet Pg. 11

12 4.1 RESULT: ADOPTED [4 TO 1] TO: Planning Commission MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Abston NAYS: Justice Ordinance 1st Reading - Deferred 1/23/ Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND FOR EASEMENTS AND LAND - $275, /23/17 Board of Commissioners DEFER Next: 02/13/17 Sponsor(s): Vice Mayor - District 2 James Maness Commissioner Ray Justice stated that there has been discussion on the property and he would like to defer the land for one meeting. Request made by Mayor Ed Hagerty for deletion of the land from this ordinance. Motion made by Vice-Mayor James Maness, to separate the thee items listed on the original ordinance (purchase of land, additional fire engine and purchase of two command vehicles), seconded by Commissioner Brian Abston. Vote on amendment to split into three separate ordinances: Vote Yea: Unanimous Motion made by Commissioner Ray Justice to defer Easements & Land for $275, for one meeting, seconded by Mayor Ed Hagerty Discussion was held if one meeting is enough time. Commissioner Ray Justice stated yes one meeting would be enough time. RESULT: DEFER [4 TO 1] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Ray Justice, Commissioner - District 1 SECONDER: Ed Hagerty, James Maness AYES: Hagerty, Maness, Justice, Abston NAYS: Giles Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 8.4. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND TO PURCHASE A RESERVE FIRE ENGINE - $450, Packet Pg. 12

13 Sponsor(s): Vice Mayor - District 2 James Maness Discussion and Vote on purchase of reserve engine: 4.1 Fire Chief Jamie Luffman addressed the Board of Commissioners on the need for the reserve engine. The extra engine will also allow for additional ISO points. This has been a unique week with engines having flat tires, out for service, etc. Therefore, for several hours all engines were not in service. Discussion was held on which apparatus carries how much water. Vice-Mayor James Maness questioned if we could wait until budget time? Fire Chief Jamie Luffman answered yes, they were trying to lighten the load during the next budget approval process. RESULT: FAIL [0 TO 5] MOVER: Ray Justice, Commissioner - District 1 SECONDER: James Maness, Vice Mayor - District 2 NAYS: Hagerty, Maness, Giles, Justice, Abston 8.5. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND - FOR TWO COMMAND VEHICLES - $88, Sponsor(s): City Manager Kenny Martin Discussion and vote on two vehicles at a cost of $88K for two Part- Time employees: Fire Chief Jamie Luffman stated he wants to replace two high mileage vehicles (Charger and Crown Vic) they received from the Police Department. The older vehicles will be equipped and used for the lesser need medical calls. This allow them to not take the engines on these calls. Commissioner Ray Justice questioned if the vehicles to be purchased were regular vehicles. Fire Chief Jamie Luffman stated they will be Ford Explorers. Mayor Ed Hagerty stated that the current older cars are not equipped for medical calls. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Fire Chief Jamie Luffman stated the old vehicles will be used for lesser need medical calls and that the City Mechanic stated they are safe to run emergency traffic. Mayor Ed Hagerty stated it was previously stated there were maintenance problems with the older vehicles that are being requested to be replaced. 8 Packet Pg. 13

14 Vice-Mayor James Maness stated these cars are currently assigned to the Part-Time Chiefs and they do report to fire calls. 4.1 Commissioner Ray Justice stated that the State bid is $27, and the cost to outfit is $8, $10, Vice-Mayor James Maness stated he sees the value in having the older cars respond to medical calls and the Part-Time Chiefs respond to fire calls. The Fire Department has taken medical on and done a great job, with about a third of the calls being medical calls. The medical supplies and training provided is reimbursed by the County. Commissioner Ray Justice stated we talked about the City of Mt. Juliet responding along with the WEMA ambulance but when we have a fire truck responding to someone with a broken toe, he has a serious issue with that. He has worked side by side with Fire Chief Jamie Luffman for many years and didn't understand it then. Fire Chief Jamie Luffman stated during his time as Chief he has weeded out the lesser need medical calls and we don't go. Mayor Ed Hagerty questioned when did that change? Fire Chief Jamie Luffman stated approximately 6 weeks ago. Commissioner Ray Justice stated he doesn't agree that the City of Mt. Juliet should provide rescue. Mayor Ed Hagerty questioned City Manager Kenny Martin on how many Part-Time employees have assigned vehicles. City Manager Kenny Martin stated the two Deputy Fire Chiefs. Mayor Ed Hagerty questioned if other Part-Time employees were assigned city vehicles? City Manager Kenny Martin responded that no other Part-Time employees were assigned city vehicles. RESULT: RECOMMENDATION [3 TO 2] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Ray Justice, Commissioner - District 1 SECONDER: James Maness, Vice Mayor - District 2 AYES: Maness, Justice, Abston NAYS: Hagerty, Giles Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 9. New Business A. Resolutions 9.A.1. Resolution A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MT. JULIET, TENNESSEE TO EXPAND CITY PARKS BY ACQUIRING ACRES OF LAND 9 Packet Pg. 14

15 Sponsor(s): Mayor Ed Hagerty Commissioner Ray Justice: Stated he would like to identify acres on Nonaville Road, where the power lines are. The Corps of Engineers owns this land and he wants it on record that we want to use this property. City Manager Kenny Martin stated yes, we will reach out to them again. 4.1 RESULT: Vice-Mayor James Maness questioned if any specific land is in mind. Mayor Ed Hagerty stated there is a plan. Vice-Mayor James Maness stated he will support but does not know where the property is and what the cost would be but he is in favor of enhancing the parks. ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.2. Resolution RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF MT. JULIET ROAD (SR-171) BRIDGE OVER INTERSTATE 40, THE APPROPRIATION OF PROJECT CONSTRUCTION FUNDS TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT RESULT: MOVER: SECONDER: Sponsor(s): Mayor Ed Hagerty ADOPT [UNANIMOUS] Ed Hagerty, Mayor Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.3. Resolution RESOLUTION SUPPORTING THE CONSTRUCTION OF AN INTERSTATE 40 INTERCHANGE AT CENTRAL PIKE (SR-265), AND COMMITTING CURRENT AND FUTURE CITY FUNDS TOWARD THE COMPLETION OF THE INTERCHANGE AND SUBSEQUENT INTERSTATE CONNECTOR ROADWAYS Sponsor(s): Mayor Ed Hagerty Commissioner Brian Abston stated he is 100% in support of having an interchange but will not support this unless it is a package deal with widening Central Pike, to be done concurrently from the new interchange exit, down Central Pike, and all the way to Mt. Juliet Road. The taxpayers have already paid money for zero results on this project. If we pass this, there is no way to fund it. To widen Central Pike is approximately $64 million, we will not have this type of money. To spend $1 million without the state funding, he does 10 Packet Pg. 15 Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes)

16 not see why we would spend any more money on this project. We don't need to open up an exit onto a country road. 4.1 Assistant Public Works Director Andy Barlow stated the interchange is estimated at $14 million. We are waiting for approval from Federal Highway Administration for the feasibility of the interchange. That was done because of the push for the Beckwith Road interchange. We got the Beckwith Road interchange. This one expired and now we are coming back around. The proposed Transportation Plan from the Governor does have this project in it and it will be an extremely expensive project. Assistant Public Works Director Andy Barlow explained the process on the improvements needed. We have $2 million in the budget and getting the approval, the environmental, driveway acquisitions, etc. will take a long time however, with $2 million we can get this moving. Commissioner Brian Abston questioned how much taxpayer money has already been spent. Assistant Public Works Director Andy Barlow stated he does not have those numbers in front of him but stated we have committed to several studies. Commissioner Brian Abston stated we already spent millions of dollars and we have nothing. We could spend this money on things we need now. We have a new school going on this road. Opening up a new interchange without widening all the way to the Mt. Juliet Road will create what happened on Mt. Juliet Road. Discussion was held on the funding and the Governor's plan to increase revenues to repair/build roads. Commissioner Ray Justice stated we need a definite plan and he wants a date. Assistant Public Works Director Andy Barlow stated we have a plan. Commissioner Ray Justice stated he will support this. Mayor Ed Hagerty stated he has 9 road projects on the agenda and the Governor has a funding mechanism for roads, he is not sure it will pass but Representative Holt has a plan that might pass. He wants Mt. Juliet to be prepared for when something passes. Thanked Assistant Public Works Director Andy Barlow for the adaptive signal project. The Eastern Connector will open in June or July. These 9 road projects, if we get momentum, gives us in a giant leap forward. These are all state roads except for two. He appreciates Commissioner Brian Abston's passion but we are victims of state funding not being available. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Vice-Mayor James Maness stated he lived south of Providence when it opened and it was a two-lane road. He questioned Assistant Public Works Director Andy Barlow what was the reason the state widened the road, was it because we were going to someday build Providence or was it the traffic and the safety 11 Packet Pg. 16

17 concern? Assistant Public Works Director Andy Barlow stated it was the ongoing traffic and growth. 4.1 Vice-Mayor James Maness stated maybe that's how you play the game. You build an intersection and when you have traffic congestion you get it widened. Commissioner Art Giles stated this is a start and will be going in the proper direction. It takes time to get improvements thru the state. City Manager Kenny Martin stated that staff has done a phenomenal job on getting the funding for the projects. Mayor Ed Hagerty stated some of this road is out of the city limits. RESULT: ADOPT [4 TO 1] MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice NAYS: Abston 9.A.4. Resolution RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND RAGAN-SMITH ASSOCIATES (RSA) FOR PROFESSIONAL DESIGN AND CONSTRUCTION OVERSIGHT SERVICES FOR ROUNDABOUTS AT THE INTERSECTIONS OF S. GREENHILL ROAD & WILLOUGHBY STATION BOULEVARD AND PROVIDENCE PARKWAY & PROVIDENCE COMMONS/PROVIDENCE MARKETPLACE AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT RESULT: Sponsor(s): Mayor Ed Hagerty ADOPT [UNANIMOUS] MOVER: Art Giles, Commissioner - District 3 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.5. Resolution RESOLUTION BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND THE TENNESSEE DEPARTMENT OF TRANSPORTATION TO COLLABORATE ON THE WIDENING OF S. MT. JULIET ROAD (SR-171) BETWEEN GRAVES CROSSING AND PROVIDENCE PARKWAY INCLUDING ALL NECESSARY AGREEMENTS AND THE APPROPRIATION OF PROJECT CONSTRUCTION FUNDS TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION Sponsor(s): Mayor Ed Hagerty Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 12 Packet Pg. 17

18 4.1 RESULT: ADOPT [UNANIMOUS] MOVER: Brian Abston, Commissioner SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.6. Resolution RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND GRESHAM SMITH FOR PROFESSIONAL DESIGN SERVICES FOR THE WIDENING OF GOLDEN BEAR GATEWAY FROM SOUTH OF CEDAR CREEK TO LEBANON ROAD AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT RESULT: Sponsor(s): Mayor Ed Hagerty Assistant Public Works Director Andy Barlow explained the project and that this is an addition to the contract. Money was left over from the Eastern Connector and we may need to be able to use those monies. Depending on the amount of money the Commission can decide what we do. Commissioner Ray Justice stated he does not want this phased. We need to go all the way to Lebanon Road. We spent $23 million on a road that gridlock's in front of the High School. We are still talking 5-6 years before this is fixed. Mayor Ed Hagerty replied if Commissioner Justice had a better plan to bring it. If Commissioner Justice wants to do something different then bring the plan. Commissioner Ray Justice stated he wants the project completed. ADOPT [UNANIMOUS] MOVER: Ray Justice, Commissioner - District 1 SECONDER: Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.7. Resolution RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND WILSON COUNTY SCHOOLS TO TRANSFER OWNERSHIP AND MAINTENANCE RESPONSIBILITY FOR THE FLASHING SCHOOL ZONE LIGHTS AT MT. JULIET HIGH SCHOOL AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Sponsor(s): Mayor Ed Hagerty Mayor Ed Hagerty stated this should be under City Manager Kenny Martin's sponsorship. City Manager Kenny Martin explained the issue. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Assistant Public Works Director Andy Barlow stated with the continued development we are trying to create a safer zone for pedestrians and motorist in a longer area. New sidewalks will also be added to help create a safer environment. 13 Packet Pg. 18

19 4.1 RESULT: ADOPT [UNANIMOUS] MOVER: Brian Abston, Commissioner SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.8. Resolution RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND FISHER ARNOLD FOR PROFESSIONAL DESIGN SERVICES FOR PHASE 1 OF THE CEDAR CREEK GREENWAY PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT RESULT: Sponsor(s): Mayor Ed Hagerty ADOPT [UNANIMOUS] MOVER: Art Giles, Commissioner - District 3 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.9. Resolution A RESOLUTION TO RENAME VALLEY VIEW DRIVE LOCATED OFF OF PAGE DRIVE IN THE JACKSON ADD SUBDIVISION TO TAYLOR LANE RESULT: Sponsor(s): Commissioner - District 3 Art Giles ADOPT [UNANIMOUS] MOVER: Art Giles, Commissioner - District 3 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.10. Resolution A RESOLUTION AUTHORIZING THE MAYOR TO GRANT A RENEWAL OF A CERTIFICATE OF COMPLIANCE TO OPERATE A PACKAGE LIQUOR STORE TO PROVIDENCE WINE & SPIRITS OWNED BY KENNETH POWERS LOCATED AT 1986 PROVIDENCE PARKWAY RESULT: MOVER: Sponsor(s): City Manager Kenny Martin ADOPT [UNANIMOUS] Brian Abston, Commissioner SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 9.A.11. Resolution A RESOLUTION AUTHORIZING THE MAYOR TO GRANT A RENEWAL OF A CERTIFICATE OF COMPLIANCE TO OPERATE A PACKAGE LIQUOR STORE TO MT. JULIET WINE & SPIRITS OWNED BY BILL ROBINSON, CHRIS ROBINSON, MICHAEL ROBINSON LOCATED AT LEBANON ROAD 14 Packet Pg. 19

20 Sponsor(s): City Manager Kenny Martin RESULT: ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston A.12. Resolution A RESOLUTION AUTHORIZING THE MAYOR TO GRANT A RENEWAL OF A CERTIFICATE OF COMPLIANCE TO OPERATE A PACKAGE LIQUOR STORE TO VINTAGE WINE & SPIRITS OWNED BY JOSHUA JOHNSON AND CHARLES G. JOHNSON / GJ PARTNERS, LLC LOCATED AT LEBANON ROAD RESULT: Sponsor(s): City Manager Kenny Martin ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.13. Resolution A RESOLUTION TO APPROVE THE AGREED ORDER (ATTACHED) AND APPROVED BY THE WILSON COUNTY BOARD OF EDUCATION ON FEBRUARY 6, 2017 TO SETTLE THE SUIT FILED BY THE WILSON COUNTY BOARD OF EDUCATION AND LEBANON SPECIAL SCHOOL DISTRICT AGAINST THE CITY OF MT. JULIET AND AUTHORIZES CITY ATTORNEY GINO MARCHETTI AND TML APPOINTED ATTORNEY KRISTIN BEREXA TO SIGN THE AGREED ORDER RESULT: TO: 9.A.14. Sponsor(s): Commissioner - District 1 Ray Justice This item was changed to an Ordinance and passed on 1st Reading. See next item on minutes. REMOVED FROM AGENDA Board of Commissioners Ordinance AN ORDINANCE TO APPROVE THE AGREED ORDER APPROVED BY THE WILSON COUNTY BOARD OF EDUCATION ON FEBRUARY 6, 2017 TO SETTLE THE SUIT FILED BY THE WILSON COUNTY BOARD OF EDUCAITON AND LEBANON SPECIAL SCHOOL DISTRICT AGAINST THE CITY OF MT. JULIET AND AUTHORIZES CITY ATTORNEY GINO MARCHETTI AND TML APPOINTED ATTORNEY KRISTIN BEREXA TO SIGN THE AGREED ORDER Sponsor(s): Commissioner - District 1 Ray Justice City Attorney asked the Board of Commissioners to consider the copy labeled "Gino's Version" and that paragraph 1 & 2 should be deleted. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 15 Packet Pg. 20

21 Commissioner Ray Justice stated this is the last opportunity before we go to court on March 8th on our "Motion to Dismiss". 4.1 Mayor Ed Hagerty stated he is not supportive of this. Commissioner Ray Justice questioned why we would not do this? Mayor Ed Hagerty responded if the three acres of land was there he might consider supporting. Commissioner Ray Justice stated that the land is not off the table. City Attorney Gino Marchetti stated we previously approved an order they rejected, etc. Mayor Ed Hagerty stated the City of Mt. Juliet has waived many fees over the years for the Wilson County School Board so we do not owe this. Commissioner Ray Justice stated this is basically a wash. Vice Mayor James Maness recommended as a path forward to change this to an ordinance and pass on 1st reading. And to add continue to work on sidewalks, settling the lawsuit and property for fire department. Commissioner Ray Justice stated they were trying to get us the three acres for the fire hall then it was brought to our attention since the property was purchased with a bond proceeds they could not donate the property to us. They cannot under the bond conditions give us ownership of the land. We are now looking at a Land Use Contract City Attorney Gino Marchetti stated we need to remove #1 & #2 and only have paragraphs 3 & 4, in the Agreed Order. The heart of the settlement is in #3. Mayor Ed Hagerty stated he would love to settle, if it was a fair settlement. If we agree then it is over and it goes all in their favor. Commissioner Art Giles stated he had a constituent ask why the WCBOE was not having sidewalks and why did they not come before the Planning Commission. Questioned if they can be fined. Mayor Ed Hagerty stated this board can put a stop work order on it. Commissioner Art Giles stated if they had followed the rules we would not be having this conversation. Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) Motion made by Vice Mayor James Maness to amend said Resolution to an Ordinance, seconded by Commissioner Ray Justice: Vote Yea: Unanimous Motion made by Mayor Ed Hagerty to amend said ordinance to remove #1 & # 2 from the Agreed Order labeled Gino's Version, seconded by Vice Mayor James Maness: 16 Packet Pg. 21

22 Vote Yea: Unanimous 4.1 Discussion was held on the old #4 concerning LSSD. City Attorney Gino Marchetti stated the time for LSSD to recover their funds is over. Discussion was held on the issues. Vote on ordinance with #1 & # 2 removed from the Agreed Order: Yea: Nay: Abston, Justice, Maness Hagerty Abstain: Giles RESULT: RECOMMENDATION [3 TO 1] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Ray Justice, Commissioner - District 1 SECONDER: AYES: Maness, Justice, Abston NAYS: Hagerty ABSTAIN: Giles 9.A.15. Resolution Brian Abston, Commissioner A RESOLUTION TO AGREE AND WORK WITH THE WILSON COUNTY BOARD OF EDUCATION ON THE DEDICATION OF THE RIGHT OF WAY AT SPRINGDALE ELEMENTARY SCHOOL AND SUBSEQUENT CONSTRUCTION OF SIDEWALKS TO ASSIST IN PROVIDING SAFE TRAVEL TO SCHOOL RESULT: Sponsor(s): Commissioner - District 1 Ray Justice Motion made by Vice-Mayor James Maness to amend said Resolution to state "Constructing of sidewalks and the City of Mt. Juliet will continue to work toward appropriation of land for a new fire hall near the new high school, seconded by Commissioner Ray Justice: Vote on Amendment: Yea: Unanimous ADOPT [UNANIMOUS] MOVER: Ray Justice, Commissioner - District 1 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) B. Ordinances 1st Reading 9.B.1. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FOR THE REPAIR OF THE OUTSIDE OF CITY HALL 17 Packet Pg. 22

23 BUILDING LOCATED AT 2425 N. MT. JULIET ROAD NOT TO EXCEED $530, Sponsor(s): City Manager Kenny Martin Discussion was held. 4.1 RESULT: RECOMMENDATION [4 TO 1] Next: 2/27/2017 6:30 PM TO: MOVER: SECONDER: Board of Commissioners Brian Abston, Commissioner Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Abston NAYS: Justice 9.B.2. Ordinance APPROPRIATING FUNDING FOR OLD LEBANON DIRT ROAD WIDENING Sponsor(s): Mayor Ed Hagerty RESULT: RECOMMENDATION [UNANIMOUS] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston 9.B.3. Ordinance APPROPRIATING FUNDING FOR LEBANON ROAD WIDENING Sponsor(s): Mayor Ed Hagerty Vice Mayor James Maness questioned the time frame to pay this out. Mayor Ed Hagerty stated we have $5,000, from this year and a surplus next year, but he will support a Resolution to float a bond to finish this. RESULT: RECOMMENDATION [UNANIMOUS] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 9.B.4. Ordinance APPROPRIATING FUNDING FOR GOLDEN BEAR GATEWAY WIDENING Sponsor(s): Mayor Ed Hagerty 18 Packet Pg. 23

24 4.1 RESULT: RECOMMENDATION [UNANIMOUS] Next: 2/27/2017 6:30 PM TO: Board of Commissioners MOVER: Ray Justice, Commissioner - District 1 SECONDER: Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Justice, Abston C. Adjournment Mayor Ed Hagerty City Recorder Sheila S. Luckett, MMC Minutes Acceptance: Minutes of Feb 13, :30 PM (Approval of Minutes) 19 Packet Pg. 24

25 9.A.1.a M E M O R A N D U M Date: January 19, 2017 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Preliminary Master Development Plan Amendment Mt. Juliet Commons Map 053, Parcel OVERVIEW: On behalf of their client, Civil Site Design, Inc. is requesting a Preliminary Master Development Plan Amendment for Mt. Juliet Commons. ANALYSIS: The purpose of this revision is to incorporate the Cynthia Harris property into the Mt. Juliet Commons PUD. The lot will be redeveloped from residential use into a retail/office professional center. The plan also proposes to share an access with Active Life Chiropractic Center, via Lebanon Road. A conceptual site plan is shown on Sheet C1.00. SUMMARY: Staff has included a recommendation below supporting the positive recommendation of the Preliminary Master Development Plan Amendment subject to conditions. RECOMMENDATION: Staff recommends a positive recommendation of the Preliminary Master Development Plan Amendment for Mt. Juliet Commons with the following conditions: Planning and Zoning: 1. All current regulations must be adhered to. Public Works: 1. Drainage calculations to be submitted at time of FMDP. West Wilson Utility District: 1. WWUD will serve. 2. The water system layout shown is not WWUD s design. Attachment: MJ_Commons_PMDPrev_Bo (2757 : Mt Juliet Commons - Tate Ln Preliminary Master Development Plan/Rezone) Packet Pg. 25

26 Attachment: 127_Tate_Ln_Rezone_ExhibitA_1_20_17 (2757 : Mt Juliet Commons - Tate Ln Preliminary Master Development Plan/Rezone) 9.A.1.b Packet Pg. 26

27 Executive Summary Mt. Juliet Commons PMDP PUD Amendment REQUEST: Preliminary Master Development Plan PUD Amendment request for Mt. Juliet Commons WHO: WHAT: Rob Porter, Civil Site Design Group Request to approve the Preliminary Master Development Plan PUD amendment for Mt. Juliet Commons. The applicant is seeking to amend the current PMDP PUD to incorporate the Cynthia Harris property. The lot will be redeveloped from residential use into a retail/office professional center. The request is to also rezone the property from Office Professional Services (OPS) to Commercial General (CG) PUD. This request received an Positive recommendation at the January 19, 2017 Planning Commission meeting. More details are available in the staff report provided to the RPC. WHEN: First Reading January 23, 2017 Second Reading TBD WHERE: WHY: 127 Tate Lane The applicant, Rob Porter, with Civil Site Design Group, has requested that this property be rezoned from Office Professional Services (OPS) to Commercial General (CG) PUD. This property will be redeveloped from residential use into a retail/office professional center, and will share an access with Active Life Chiropractic Center, via Lebanon Road. STAFF RECOMMENDATION: The Regional Planning Commission recommended approval of a rezoning to Office Professional Services (OPS) to Commercial General (CG) PUD during their January 19, 2017 meeting by a vote of Staff recommends approval. PREPARED BY: Bo Logan, Planning Director 9.A.1.c Attachment: Exec Summary Mt. Juliet Commons_PMDP PUD Amend -RZ (2757 : Mt Juliet Commons - Tate Ln Preliminary Master Development Packet Pg. 27

28 9.A.1.d ORDINANCE NO. AN ORDINANCE AMENDING THE PRELIMINARY MASTER DEVELOPMENT PLAN PUD FOR MT. JULIET COMMONS AND RESOLUTION NO (ZONING MAP), ADOPTED APRIL 11, 2016, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF ONE (1) TRACT OF LAND OWNED BY CYNTHIA HARRIS, AND LOCATED AT 127 TATE LANE AND AS DESCRIBED HEREIN FROM OFFICE PROFESSIONAL SERVICES (OPS) TO COMMERCIAL GENERAL (CG) PUD BEING MAP 053, PARCEL * * * * * WHEREAS, a public hearing before the City Commission of the City of Mt. Juliet was held on, 2017 and notice thereof published in the Lebanon Democrat on ; and WHEREAS, The City of Mt. Juliet Regional Planning Commission considered this request during their meeting of January 19, 2017, and forwarded a recommendation for approval to the Board of Commissioners; and WHEREAS, The City of Mt. Juliet Board of Commissioners desires to amend the Preliminary Master Development Plan for Mt. Juliet Commons and rezone the subject Cynthia Harris property from Office Professional Services (OPS ) to Commercial General (CG) PUD; and WHEREAS, the subject rezoning request to Commercial General (CG) PUD is determined to be consistent with the Findings required in the Zoning Ordinance and the Future Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MT. JULIET, TENNESSEE, WHILE IN REGULAR SESSION ON, 2017 as follows: SECTION 1. - REZONING. Resolution No (Zoning Map), adopted April 11, 2016, be and is hereby amended and altered by rezoning those certain parcel of real property, known as the Cynthia Harris property, described below and shown on Exhibit A (attached), Office Professional Services (OPS) to Commercial General (CG) PUD with the following conditions: 1.All current regulations must be adhered to. 2. Drainage calculations to be submitted at the time of FMDP. 3. WWUD will serve. 4. The water system layout shown is not WWUD s design. In the State of Tennessee, County of Wilson, and City of Mt. Juliet, and being more particularly described as follows: Legal Description: Attachment: MJ Commons PUD Amendment-RZ Bo (3) (2757 : Mt Juliet Commons - Tate Ln Preliminary Master Development Plan/Rezone) Page 1 of 2 Packet Pg. 28

29 9.A.1.d Ordinance No. (cont'd.) Map 053, Parcel as described in Exhibit A. SECTION 2. PLANNING COMMISSION RECOMMENDATION - This matter was considered by the Planning Commission and received a positive recommendation (8-0-0 vote) in a regular meeting held on January 19, SECTION 3. - PUBLIC HEARING - The zoning changes were the subject of a public hearing held on at 6:15 p.m. BE IT FURTHER ORDAINED In case of conflict between this ordinance or any part hereof, and the whole part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. If any section, clause, or provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, or provision or portion of this ordinance. This ordinance shall take effect on the earliest date allowed by law. PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: L. Gino Marchetti, Jr. City Attorney Ed Hagerty, Mayor Kenny Martin, City Manager Attachment: MJ Commons PUD Amendment-RZ Bo (3) (2757 : Mt Juliet Commons - Tate Ln Preliminary Master Development Plan/Rezone) Page 2 of 2 Packet Pg. 29

30 9.A.2.a M E M O R A N D U M Date: January 19, 2017 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Rockie Williams Premier Dodge, Chrysler, Jeep PUD Amendment Sign Variance Map 076, Parcel OVERVIEW: On behalf of their client, Civil Site Design group is requesting a PUD Amendment for a sign variance regarding the service center signage for the new Rockie Williams dealership. The original PUD was approved in 2014, of which included the sign package. The proposed amendment is necessary due to a change in the architectural brick columns which will not provide adequate space for the originally proposed single combined Service center sign. ANALYSIS: The originally approved PUD allowed for a single combined service center sign at approximately sf. The proposed change will separate the original service center sign into (3) three separate signs. Each sign is to be centered over each of the three service center doorways. The service center signs will feature a sign for Service at 21 sf, M (mopar) at 8.63 sf and Express Lane at 21 sf., for a combined total square feet. While this will increase the overall total sign count by (2) two additional signs, the square footage of the signage will not increase, and is equivalent to the originally approved single service center sign of square feet. RECOMMENDATION: Staff recommends that the Regional Planning Commission forward a recommendation for approval of the proposed changes to the Board of Commissioners. Attachment: Rockie Williams Premier_PUD Amend Bo (2765 : Premier Dodge, Chrysler, Jeep PUD Amendment/Sign Variance) Packet Pg. 30