6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN WORK SESSION - 5:00 PM. Sponsor(s): City Manager Kenny Martin

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1 MINUTES July 27, 2015 MT. JULIET BOARD OF COMMISSIONERS 6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN Work Session 5:00 PM. Discussion Item WORK SESSION - 5:00 PM Public Hearing 6:15 PM Mayor Ed Hagerty called the Public Hearing to order at 6:18 p.m. Citizens Comments: No pros or cons voiced.. Discussion Item 1. Residential Design Guidelines PUBLIC HEARING 6:15 PM 2. Amend FY 2015/2016 Budget Four Lakes Grant to Under Armour 3. Project FastBreak PUD Amendment for size of sign 1. Call to Order & Declare a Quorum Present 2. Set Agenda As published 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 1

2 3. Invocation & Pledge of Allegiance 3.1. Pastor Richard Atwood, Truth & Grace Church 4. Approval of Minutes 4.1. Board of Commissioners - Regular Meeting - Jul 13, :30 PM ACCEPTED [4 TO 0] MOVER: Ray Justice, Commissioner - District 1 SECONDER: Brian Abston, Commissioner ABSTAIN: Hagerty, Giles, Justice, Abston Maness 5. Citizens Comments Doug McCormick, Hagar's Pass: Supports sewer connection to lot #12 of Campbell Estates. Hayne Hamilton, Panatonni Development: Opposes the Commercial Design Standards as currently written. Requested deferral of this item until further research is completed. Frank Horton, CPS Land - Design Standards would like for the PC to have input. Questioned why the firms that are approved to complete Traffic Studies are limited to three companies? Other Companies have state licenses. 6. Commissioner Reports & Comments Mayor Ed Hagerty recognized BSA Troop 341 from Gladeville they are working on the Citizenship in the Community Merit Badge Commissioner Ray Justice: None Vice Mayor James Maness: None Commissioner Art Giles: Congratulated his youngest son that graduated college. Stated that we live in a blessed town, we allow pastors to hold an invocation and lead the Pledge of Allegiance. Commissioner Brian Abston: None 7. City Manager's Report Thanked the Scouts for attending. We are trying to become the most patriotic city in the country. We are trying to promote patriotism 365 days a year. There is only one Mt. Juliet and one United States of America. If you see trash around please pick it up. Talk to everyone about the importance of not littering and to shop locally. 2

3 8. Unfinished Business Consent Agenda Items: 9. Unfinished Business Ordinances 2nd Reading 9.1. Ordinance AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY MODIFYING THE REQUIREMENTS FOR SINGLE FAMILY DWELLINGS 04/13/15 Board of Commissioners RECOMMENDATION 05/11/15 Board of Commissioners DEFER Next: 06/08/15 06/08/15 Board of Commissioners DEFER Next: 07/13/15 07/13/15 Board of Commissioners DEFER Next: 07/27/15 Motion made by Mayor Ed Hagerty to defer until after the August PC meeting, seconded by Vice Mayor James Maness. DEFER [UNANIMOUS] Next: 8/24/2015 6:30 PM MOVER: Art Giles, Commissioner - District 3 SECONDER: Brian Abston, Commissioner. Residential Guidelines will be re-considered at the 8/20/15 PC meeting 9.2. Ordinance AMEND THE FISCAL YEAR 2015/2016 BUDGET ORDINANCE TO ACCEPT FUNDS FROM FOUR LAKE ECONOMIC DEVELOPMENT AGENCY AND APPROPRIATE SAME TO REIMBUSE ALSTON CONSTRUCTION FOR IMPACT FEES PAID WILSON COUNTY INCURRED TO CONSTRUCT THE UNDER ARMOUR DISTRIBUTION CENTER IN MT. JULIET, TN 07/13/15 Board of Commissioners RECOMMENDATION Mayor Ed Hagerty stated that not one dollar of tax payer money has been spent from the City of Mt. Juliet bring Under Armour here. They will open soon and bring approximately 1,500 jobs. ADOPTED [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1. Ordinance AN ORDINANCE AMENDING THE FINAL MASTER DEVELOPMENT PLAN FOR THE PROJECT FASTBREAK PLANNED UNIT DEVELOPMENT (PUD), 3

4 TO AUTHORIZE A WAIVER TO INCREASE THE MAXIMUM SIZE OF THE WALL SIGNAGE 07/13/15 Board of Commissioners RECOMMENDATION Sending back to the August 10, 2015 Board of Commissioners meeting for second reading. 1st Reading was held July 13, 2015, meeting should have been skipped, placed on July 27, 2015 BoC agenda in error. RECOMMENDATION [UNANIMOUS] Next: 8/10/2015 6:30 PM TO: Board of Commissioners MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District 2 Ordinance 1st Reading Deferred from 4/13/ Ordinance AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM MADE BY WEST WILSON UTILITY DISTRICT FOR A 4.5 ACRE TRACT IS LOCATED AT 2940 NONAVILLE RD., OUTSIDE THE CITY LIMITS OF MT. JULIET, TENNESSEE, IDENTIFIED AS WILSON COUNTY, TENNESSEE, MAP 31, PARCEL 82 04/13/15 Board of Commissioners DEFER Next: 09/28/15 Sponsor(s): Commissioner - District 1 Ray Justice Commissioner Ray Justice stated WWUD is requesting sewer availability to the land they own on Nonaville Road. They will pay the tap fees. Mayor Ed Hagerty stated he cannot support this at this time due to complicated negotiations that are going on. He feels it all needs to happen at the same time. Commissioner Ray Justice stated WWUD wants the items to be considered separately. We would do for them like everyone else. Mayor Ed Hagerty stated that since the Planning Commission gave a positive recommendation that should give them a high level of confidence. Commissioner Ray Justice stated he has sponsored three items on the agenda for WWUD. What does the sewer availability have to do with a lease for land? Putting them together complicates the issue. Mr. Weston stated today to get the lease over to them for approval. Mayor Ed Hagerty asked City Manager Martin how long he has been working on this? City Manager Martin replied he believes since March. 4

5 Commissioner Ray Justice stated WWUD wants to do the right thing. Mayor Ed Hagerty stated we also want to do the right thing, he just received the Lease prior to the meeting, the City Attorney drew this up some time back. Commissioner Brian Abston stated he thought we were having a meeting with WWUD. Commissioner Ray Justice recommended deferring all three items 9.4, 11.4 & 11.7 concerning WWUD until after a work session Discussion was held. City Manager Kenny Martin explained the process that has happened concerning the Lease and that we are waiting on a Lease that everyone can agree upon. Commissioner Ray Justice stated the biggest sticking issue is the Hold Harmless Agreement between two governmental agencies. City Attorney Gino Marchetti read paragraph 6b. Motion made by Commissioner Brian Abston to defer said ordinance until a lease is sent back, seconded by Commissioner Ray Justice. Mayor Ed Hagerty stated that the ball is in the land owners court. City Manager Kenny Martin recommended City Attorney Gino Marchetti work with the WWUD attorney on the Lease. The Board of Commissioners agreed this was a good idea. DEFER [UNANIMOUS] Next: 9/28/2015 6:30 PM MOVER: Brian Abston, Commissioner SECONDER: Ray Justice, Commissioner - District 1 Resolution. Resolution A RESOLUTION APPROVING GRANTS BY THE CITY OF MT. JULIET AS PREVIOUSLY BUDGETED IN THE 2015/2016 BUDGET ORDINANCE (ORDINANCE ) 07/13/15 Board of Commissioners DEFER Next: 07/27/15 5

6 ADOPT [UNANIMOUS] MOVER: Ray Justice, Commissioner - District 1 SECONDER: 10. New Business Consent Agenda Items: 11. New Business Ordinances 1st Reading Ordinance Ed Hagerty, Mayor AN ORDINANCE TO REZONE AND ADOPT THE PROVIDENCE STATION PUD, AND PRELIMINARY MASTER DEVELOPMENT PLAN, BEING MAP 096, PARCEL TO: MOVER: 07/16/15 Planning Commission RECOMMENDATION Discussion was held. City Planner Bo Logan stated this is just for the signage for the bottom level tenants. Mayor Ed Hagerty asked for a rendering prior to 2nd reading. RECOMMENDATION [UNANIMOUS] Next: 8/24/2015 6:30 PM Board of Commissioners Brian Abston, Commissioner SECONDER: Ed Hagerty, Mayor Ordinance AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM FOR LOT #21 ON MADELINE CT. LOCATED IN CAMPBELL ESTATE SUBDIVISION, OUTSIDE THE CITY LIMITS OF MT. JULIET, TENNESSEE AND IS IDENTIFIED AS WILSON COUNTY, TENNESSEE, TAX MAP 31; GROUP C; PARCEL 19 07/16/15 Planning Commission RECOMMENDATION 6

7 TO: RECOMMENDATION [UNANIMOUS] Next: 8/10/2015 6:30 PM Board of Commissioners MOVER: Ray Justice, Commissioner - District 1 SECONDER: James Maness, Vice Mayor - District Ordinance AMENDING THE ZONING ORDINANCE OF THE CITY OF MT JULIET, TENNESSEE, ARTICLE VI, SECTION , DESIGN STANDARDS FOR COMMERCIAL STRUCTURES Sponsor(s): Mayor Ed Hagerty Mayor Ed Hagerty stated that the proper procedure is to go to the PC first. He requested that the Commissioner weigh in their views to be able to send to the Planning Commission with a better understanding of what we want. Motion made by Commissioner Art Giles to amend said ordinance to add bike racks for all new construction, seconded by Mayor Ed Hagerty. Vote on Amendment for bike racks: Vote: Yea: Unanimous Motion made by Vice Mayor James Maness to strike and industrial buildings, seconded by Mayor Ed Hagerty. Discussion was held. Mayor Ed Hagerty stated businesses come to us and state they never deviate from their standard building then City Planner Bo Logan goes to the internet and finds a building not built to the standard. Commissioner Ray Justice stated that the price of land on North side vs South side is different. If you impose standards to the North end then you are commanding more from people whose buildings might not be worth that much. Commissioner Art Giles stated this would raise the standards on the North end. This will make everything look better on the North end of town. The price of property will be based on demand. Mayor Ed Hagerty stated that the only change in the building materials listed is the use of EIFS and synthetic stucco. An applicant can take his design to the Planning Commission and they can approve the change. There are times the proper quantities of EIFS can make a building look good. Motion made by Mayor Ed Hagerty to add that the Regional Planning Commission can waive the building materials and to add "the use of alternate materials or Secondary Wall Materials allowed herein in differing quantities may be authorized at the sole discretion of the Regional Planning Commission", seconded by Commissioner Brian Abston: Vote Yea: Unanimous 7

8 Mayor Ed Hagerty questioned if Industrial buildings are covered under the design standards? City Attorney Gino Marchetti stated we have used a PUD to regulate. Motion made by Mayor Ed Hagerty to add Industrial Buildings to be made with brick, stone or pre-cast tilt up concrete wall, seconded by Commissioner Brian Abston: Vote Yea: Unanimous Motion made by Commissioner Art Giles to defer 1st reading on said ordinance with approved amendments and to send to the Regional Planning Commission in August, seconded by Commissioner Brian Abston: Vote Yea: Unanimous DEFER [UNANIMOUS] Next: 10/26/2015 6:30 PM TO: Board of Commissioners MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District Ordinance AN ORDINANCE AMENDING THE FY 2015/2016 BUDGET ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT NOT TO EXCEED TWENTY ONE THOUSAND NINE HUNDRED FIFTEEN AND SIXTY THREE CENTS THAT IS ONE- FIFTH PAYMENT FOR COSTS INCURRED BY WEST WILSON UTILITY DISTRICT (WWUD) FOR THE RELOCATION OF WATER LINES ON PRIVATE EASEMENTS FOR THE BRIDGE WORK ON CURD ROAD IN THE AMOUNT OF ONE HUNDRED FIVE THOUSAND NINE HUNDRED FIFTEEN DOLLARS AND SIXTY THREE CENTS ($105,915.63) Sponsor(s): Commissioner - District 1 Ray Justice Motion made by Mayor Ed Hagerty to defer until we have heard from the land owner, seconded by Vice Mayor James Maness. DEFER [UNANIMOUS] Next: 9/28/2015 6:30 PM MOVER: Ray Justice, Commissioner - District 1 SECONDER: Ed Hagerty, Mayor Resolutions Resolution DE-STA-CO ECD APPLICATION 8

9 ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District Resolution RESOLUTION SUPPORTING THE SELECTION OF FIRMS TO BE PRE-QUALIFIED TO CONDUCT TRAFFIC STUDIES WITHIN THE CITY OF MT. JULIET IN ACCORDANCE WITH ORDINANCE City Attorney Gino Marchetti asked for questions. Commissioner Ray Justice asked what are the chances of us being sued? City Attorney Gino Marchetti stated there is always a possibility and probability the City will be sued. Pre-qualifying is fine but when you eliminate firms that is problematic. He has told everyone that has called that these three (3) firms were selected because they had the 3 highest scores of the firems that submitted. The other firms scored 10 points or below these 3 firms. If a developer chooses one of these 3 there is a chance the process will be faster due to the quality of work provided by these 3 firms. Another firm might have a slower process due to the work produced. A total of five (5) firms submitted, these 3 rated much higher in the scoring. Vice Mayor James Maness questioned Ordinance vs. The resolution. City Attorney Gino Marchetti read Section A, in and stated that this does not limit to a specific number of firms. This resolution limits it to three (3) firms. City Attorney Gino Marchetti stated the City of Memphis has a list, they do not cap the number of firms. Motion made by Commissioner Brian Abston to defer for one meeting, seconded by Vice Mayor James Maness. DEFER [UNANIMOUS] Next: 8/10/2015 6:30 PM MOVER: Brian Abston, Commissioner SECONDER: Ed Hagerty, Mayor Resolution A RESOLUTION TO APPROVE THE LEASE AGREEMENT WITH WEST WILSON UTILITY DISTRICT (WWUD) FOR APPROXIMATELY ACRES +/- OF LAND LOCATED AT 920 SOUTH GREENHILL ROAD, TRACTS 1 AND 2 OF MAP 073, PARCEL ON EXHIBIT A TO BE USED TO CONSTRUCT A FIRE STATION FOR THE CITY OF MT. JULIET 9

10 Sponsor(s): Commissioner - District 1 Ray Justice Motion made by Commissioner Ray Justice to defer said ordinance until we have a lease/land use agreement, seconded by Mayor Ed Hagerty. DEFER [UNANIMOUS] Next: 9/28/2015 6:30 PM MOVER: Ray Justice, Commissioner - District 1 SECONDER: Ed Hagerty, Mayor Appointment Action Item PARKS & GREENWAY BOARD APPOINTMENT - KRISTI SCOTT SEVEN MEMBERS - SIX MEMBERS APPOINTED BY THE MAYOR AND APPROVED BY THE BOC MOVER: Sponsor(s): Mayor Ed Hagerty Mayor Ed Hagerty nominated Kristi Scott to the Parks & Greenways Board. RECOMMENDATION [UNANIMOUS] Ed Hagerty, Mayor SECONDER: James Maness, Vice Mayor - District Adjournment Motion made by Commissioner Ray Justice to adjourn at 7:34 p.m., seconded by Mayor Ed Hagerty: Vote Yea: Unanimous Mayor Ed Hagerty City Recorder Sheila S. Luckett, MMC 10