agenda - monday, september 11, 2017 - city of mt. juliet

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AGENDA

September 11, 2017

MT. JULIET BOARD OF COMMISSIONERS

6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN 37122

Public Hearing 6:15 PM

. Discussion Item

PUBLIC NOTICE - 6:15 PM

Sponsor(s): City Manager Kenny Martin

1. Rezone 1.6 Acres of land located at the corner of Thurman Street & Clemmons Road to Single Family RS20, Map 072, Group A, Parcel 031.00

2. Amend FY 17/18 Budget to accept and expend money dontated by Culver's for the Fire Department for Fire Protection Education

3. Amend Section 30-367 of the City Code - Fees to apply for Outside of City Limits Sewer Service

4. Amend FY 17/18 Fire Department Budget to renovate property to house Ladder 111

5. Amend FY 17/18 Budget and authorize the sale of abandoned property to go to the Middle TN Downs Syndrome Association / Buddy Walk

6. Clarify Mt. Juliet Personnel Manual - Section 5.4 Retirement

7. Authorize out of city limits sewer service to 1100 NW Rutland Road

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1. Call to Order & Declare a Quorum Present

2. Set Agenda

3. Invocation & Pledge of Allegiance

4. Approval of Minutes

4.1. Board of Commissioners - Regular Meeting - Aug 28, 2017 6:30 PM

5. Citizens Comments

6. Commissioner Reports & Comments

7. City Manager's Report

8. Unfinished Business Consent Agenda Items:

A. Ordinances - 2nd Reading

8.A.1. Ordinance

AN ORDINANCE AMENDING RESOLUTION NO. 2016-16 (ZONING MAP), ADOPTED APRIL 11, 2016, AS AMENDED, BY CHANGING THE ZONING

CLASSIFICATION OF APPROXIMATELY 1.6 ACRES OF LAND KNOWN AS THE THURMAN STREET PROPERTY AND LOCATED AT THE CORNER OF THURMAN STREET AND CLEMMONS ROAD AND AS DESCRIBED HEREIN FROM AGRICULTURAL (AR40) TO SINGLE FAMILY RESIDENTIAL (RS20),

BEING MAP 072, GROUP A, PARCEL 031.00.

07/20/17 Planning Commission RECOMMENDATION 08/14/17 Board of Commissioners RECOMMENDATION

Sponsor(s): Positive Recommendation

8.A.2. Ordinance

ACCEPT CULVERS’ GRANT AND APPROPRIATE SAME FOR PUBLIC FIRE PROTECTION EDUCATION

08/28/17 Board of Commissioners RECOMMENDATION


8.A.3. Ordinance

AN ORDINANCE OF THE CITY OF MT. JULIET TO AMEND SECTION 30-367 (C) OUTSIDE CITY CUSTOMERS TO THE MT. JULIET CITY CODE CHAPTER

30 UTILITIES, DIVISION 11 FEES



8.A.4. Ordinance

AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND TO FUND RENOVATIONS TO THE BUILDING PURCHASED FROM GREEN

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HILLS CHURCH (INTERIM STATION # 2) FOR THE PURPOSE OF HOUSING LADDER 111 TO MAINTAIN OUR CURRENT ISO RATING



8.A.5. Ordinance

AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO APPROPRIATE FUNDS FROM THE SALE OF FOUND PROPERTY TO LOCAL NON-PROFITS IN PURSUANCE TO TCA-66-29-115 – DOWNS

SYNDROME ASSOCIATION / BUDDY WALK



9. Unfinished Business


9.A.1. Ordinance

AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM MADE OWNER OF 1100 NW RUTLAND RD.,

OUTSIDE THE CITY LIMITS OF MT. JULIET, TENNESSEE, IDENTIFIED AS WILSON COUNTY, TENNESSEE, MAP 77, PARCEL 57.02



B. 2nd Reading Deferred on 8/28/17

9.B.1. Ordinance

AMEND THE MT. JULIET PERSONNEL MANUAL WITH CLARIFYING LANGUAGE REGARDING SECTION 5.4, RETIREMENT

08/14/17 Board of Commissioners RECOMMENDATION 08/28/17 Board of Commissioners DEFER Next: 09/11/17


10. New Business Consent Agenda Items:

11. New Business

A. Ordinances - 1st Reading

11.A.1. Ordinance

AMEND THE MT. JULIET PERSONNEL MANUAL SECTION 5.4, RETIREMENT

Sponsor(s): Commissioner Brian Abston, Commissioner - District 1 Ray Justice

11.A.2. Resolution

A RESOLUTION DECLARING CITY PROPERTY AS SURPLUS TO BE DISPOSED OF AT GOVDEALS AUCTION

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11.A.3. Ordinance

DONATION OF 2017 NET ECLIPSE PROCEEDS TO FRIENDS OF THE MT. JULIET PARKS AND GREENWAYS

Sponsor(s): Commissioner Brian Abston

11.A.4. Ordinance

AN ORDINANCE OF THE CITY OF MT. JULIET TO ADD SECTION 28-77 BICYCLE LANES TO THE MT. JULIET CITY CODE CHAPTER 28 TRAFFIC

AND VEHICLES, ARTICLE III TRAFFIC REGULATIONS

Sponsor(s): Commissioner - District 3 Art Giles

12. Adjournment

PUBLIC NOTICE

The Board of Commissioners of the City of Mt. Juliet will have a Public Hearing on

Monday, September 11, 2017 at 6:15 p.m. to hear comments on the following items to be

considered on 2nd and final reading:

Rezone approximately 1.6 acres of land known as the Thurman Street Property, located at the

Corner of Thurman Street and Clemmons Road from AR40 to RS20, Map 072, Group A, Parcel

031.00.

Clarify the Mt. Juliet Personnel manual with clarifying language regarding Retirement Benefits.

Provide Sewer Service to 1100 NW Rutland Road which is located outside the City Limits.

Amend the FY 17/18 Budget for the Fire Department to accept and spend money for Public Fire

Protection Education and to renovate a building owned by Green Hills Church (Interim Station #2)

for the purpose of housing Ladder 111 to maintain our current ISO rating.

Amend Section 30-367 (c) of the City Code, Chapter 30, Utilities, Division 11 Fees, to add a fee for

customers requesting to connect as Outside of City Sewer Customers.

Amend FY 17/18 Budget to authorize the sale of abandoned property and to donate the proceeds

to the Downs Syndrome Association of Middle TN / Buddy Walk.

The public is invited to attend and comment.

Kenny Martin, City Manager

City of Mt. Juliet

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MINUTES

August 28, 2017

MT. JULIET BOARD OF COMMISSIONERS

6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN 37122

Public Hearing 6:15 PM

Citizens Comments:

Jan Littrell, 100 Pebblestone: Today she received a check from Kona Ice for $1,500.00 for the Friends of the Park. Feels the City of Mt. Juliet has a great work force who work hard for the City. The employees appreciate the current benefit package. She was told she would receive medical benefits after 15 years of employment.

. Discussion Item

PUBLIC NOTICE


1. Establish and implement a program to charge insurance providers mitigation rates for the deployment of Emergency Services by the Mt. Juliet Fire Department

2. Amend the Mt. Juliet Personnel manual with clarifying language regarding Retirement Benefits and Overtime pay on holidays

3. Provide Outside City Limits Sewer Service to 3150 Nonaville Road

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

2. Set Agenda

As Published

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3. Invocation & Pledge of Allegiance

Reverend Sandra Clay - Cooks United Methodist Church

4. Approval of Minutes

4.1. Board of Commissioners - Regular Meeting - Aug 14, 2017 6:30 PM

Commissioner Art Giles requested the mover for item 9.2 be corrected to Commissioner Brian Abston. No objections.

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Ray Justice, Commissioner - District 1

SECONDER: Brian Abston, Commissioner

AYES: Hagerty, Maness, Giles, Justice, Abston

5. Citizens Comments

Wayne Griffin, City Employee: Speaking on the retirement change that was made previously. He feels we should have something to shoot for. Suggested 15 - 20 years of service with the City. He is not speaking for all the employees. He suggested that you have to draw Social Security and TCRS to get the medical benefit. He is aware this Board did not enact this but he is asking for their help. Reward the employees for the years of service. Apologized for not doing well in public speaking.

Sandy Dempsey, Mt. Juliet Police: She is 8 months shy of the date. She is looking at retirement and it is fast approaching. She thought she could count on this. Not sure we will be able to count on Healthcare thru the government. She did not know this benefit was taken away from her.

Jason Brockman, Mt. Juliet Police and City resident: He has been told by the previous HR Representative that he was covered. He has given his body to this City. He would like consideration on including other employees.

Frank DeRiggi, Mt. Juliet Police and City resident: Asked this benefit be reconsidered.

Landon & Crystal Daniel, NW Rutland Road: Asking for support of out of city sewer service. Their current septic tank will be failing,. They have a special needs child. They do not want to be annexed. They have been good neighbors and the City has ROW on their property. She has Free Range Chickens and they want to get cattle. They like to shoot guns. Their neighbors were granted out of City sewer service in 2013.

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6. Commissioner Reports & Comments

Commissioner Ray Justice: thanked Commissioner Abston for the hard work on the Eclipse Party. Tomorrow night a Community meeting will be at Mt. Juliet High School at 7 pm in cafeteria. It will be on Northtown Apartments. The Public is invited. Welcomed City Planner Larry Mizell.

Vice-Mayor James Maness: Thanked all that addressed the Board. That was a true passionate plea for City Sewer. Thanked Commissioner Abston and all involved for the Eclipse event hosted by the City. Please pray for the victims of Hurricane Harvey. This

city opened it's arms to the victims of Hurricane Katrina. We have lots to be grateful for in Mt. Juliet.

Commissioner Art Giles: none

Commissioner Brian Abston: Eclipse Party was very successful. The weather co-operated perfectly. We were able to see Totality with no clouds. Thanked everyone involved and all City departments that helped. Thanked the numerous volunteers and for the community support. Over 4,000 were in attendance, 17 states represented including Alaska, and a family from London England. Sold out the local hotels. We have received many emails of thanks and they mention the southern hospitality offered them. Reconciling the budget and will present a check to the Friends of Parks and Greenways.

7. City Manager's Report

City Manager Kenny Martin: Thanked everyone for attending. Thanked the staff.

Invited Larry Mizell to come to the microphone. Larry is our new City Planner who comes from the City of Franklin.

Larry Mizell stated he is not a typical City Planner. He had his own firm and he has worked for many developers. He has a prospective from both sides of development. Hopes he can help bridge between both. It is a delight to be here.

City Manager Kenny Martin stated he visited with a local artist. Ms. Sharon Nilan made this (flag) for the Eclipse and as a birthday present for Commissioner Brian Abston since his birthday was on the day of the Eclipse.

8. Unfinished Business Consent Agenda Items:

RESULT: ADOPTED [UNANIMOUS]

MOVER: James Maness, Vice Mayor - District 2

SECONDER: Ray Justice, Commissioner - District 1



8.A.1. Ordinance 2017-46

AN ORDINANCE ESTABLISHING AND IMPLEMENTING A PROGRAM TO CHARGE INSURANCE PROVIDERS MITIGATION RATES FOR THE

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DEPLOYMENT OF EMERGENCY SERVICES BY THE FIRE DEPARTMENT FOR PROVIDED/RENDERED BY THE MT. JULIET FIRE DEPARTMENT




AMEND THE MT. JULIET PERSONNEL MANUAL WITH CLARIFYING LANGUAGE REGARDING SECTION 7.8, OVERTIME PAY,




AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM MADE BY OWNER OF 3150 NONAVILLE RD.,


Sponsor(s): Positive Recommendation

9. Unfinished Business

A. Ordinance - 2nd Reading

9.A.1. Ordinance

AMEND THE MT. JULIET PERSONNEL MANUAL WITH CLARIFYING LANGUAGE REGARDING SECTION 5.4, RETIREMENT


Sponsor(s): City Manager Kenny Martin Commissioner Art Giles stated he was unable to attend the workshop this afternoon.

City Manager Kenny Martin stated that this was a refresh of the last workshop with a few new thoughts on it

Commissioner Art Giles asked what the City Attorney's comments were on the ordinance 15 years. City Attorney Gino Marchetti stated he attended the end of the meeting. He stated the 15 years applies to anyone who had 15 years as of 2014. This does not change a benefit, it is clearing up confusion. The change was made in 2009.

Commissioner Art Giles stated he received a call from an employee and this employee was told they would have the 15 years by the previous Human Resource Director. Feels we need to change from this day forward. He is concerned over the City's liability exposure. Someone has to prove what they were told. He has tried to view that meeting but was unable to on his computer. He has a disc that folks can view. It was about 30 - 45 minutes of discussion. He is concerned both ways.

Commissioner Ray Justice: There is confusion. People have stated they came here thinking they had this benefit. This might

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have to be proven in the courts. Feels we need to do the fair thing. Public sector is paid less than the private sector. We need to compare salary and benefits to the private sector.

Commissioner Ray Justice made a motion to amend said ordinance by changing the policy to provide medical coverage at employee rates after 20 years of service, and eligible for Social Security and TCRS, to all persons employed as of today, seconded by Commissioner Art Giles.

Discussion was held.

Mayor Ed Hagerty stated we would have to have an actuarial determine the cost.

Commissioner Art Giles stated he would like to review the meeting video.

Commissioner Brian Abston stated he would like to allow Commissioner Art Giles time to go thru the packet.

Motion to defer one meeting made by Commissioner Brian Abston, seconded by Commissioner Ray Justice.

Vote to defer: Yea: Abston, Giles, Hagerty, Justice

Nay: Maness

RESULT: DEFER [4 TO 1] Next: 9/11/2017 6:30 PM

TO: Board of Commissioners



AYES: Hagerty, Giles, Justice, Abston

NAYS: Maness

10. New Business Consent Agenda Items:

11. New Business

A. Ordinances - 1st Reading

11.A.1. Ordinance

ACCEPT CULVERS’ GRANT AND APPROPRIATE SAME FOR PUBLIC FIRE PROTECTION EDUCATION

Sponsor(s): City Manager Kenny Martin Mayor Ed Hagerty moved this item up on the agenda with no objection.

Kenny Hudson, Mt. Juliet Fire Department lead on Public Education - Culver's approached them with Culver's Cares. Mr. Ray Render, one of the owners and Autumn Holder, General Manager of

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Culver's presented $500.00 for the education fund in the Fire Department.

Mayor Ed Hagerty stated that Culver's has the nicest young people working for them and they have great food. Mr. Render stated it is a testament to General Manager Autumn Holder's leadership and the kids of Mt. Juliet.

Motion to amend said ordinance to read $500.00 was made by Vice-Mayor James Maness, seconded by Mayor Ed Hagerty.

Vote on Amendment: Yea: Unanimous

RESULT: RECOMMENDATION [UNANIMOUS] Next: 9/11/2017 6:30 PM





11.A.2. Ordinance

AN ORDINANCE AMENDING ORDINANCE NO. 2012-44 (ZONING MAP), ADOPTED JULY 23, 2012, AS AMENDED, BY CHANGING THE ZONING

CLASSIFICATION OF MAP 072, GROUP D, PARCEL 01500 KNOWN AS 240 FIBERGLASS DRIVE FROM (IG) INDUSTRIAL GENERAL TO

(IG)INDUSTRIAL GENERAL,WITH ADULT ENTERTAINMENT DISTRICT OVERLAY

08/17/17 Planning Commission RECOMMENDATION

Sponsor(s): Positive Recommendation Commissioner Brian Abston stated he understands that everyone is working to try to make this work and he agrees. Asked if this could be reverted back to IG without the overlay?

City Attorney Gino Marchetti stated yes.

Commissioner Brian Abston asked if we can put a specific category for Tattoo shops that is only specific to this type business without the adult classification included?

Zoning Administrator Jennifer Stewart questioned if this is for future Zoning Ordinance amendments. She responded this is possible, she would just need to know what classification they would like a Tattoo Parlor to go in.

Commissioner Brian Abston stated he doesn't want this business to go out of business and then an adult business go in the spot.

City Attorney Gino Marchetti stated we are only allowing a Tattoo or body piercing business as defined by the meets and bounds of the property.

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Mayor Ed Hagerty questioned the PUD.

Zoning Administrator Jennifer Stewart stated this is an Overlay District.

Motion was made to amend said ordinance by adding if this business goes out, the zoning would revert back to what is was prior to this amendment by Commissioner Brian Abston.

Vice-Mayor James Maness asked if this business is vested in the Overlay District?

City Attorney Gino Marchetti answered 'Yes'.

Motion to amend was seconded by Commissioner Art Giles.

Vote on Amendment: Yea: Unanimous

Commissioner Ray Justice asked if the business does mostly body piercing?

Zoning Administrator Jennifer Stewart explained that the threshold is 25% of the business, therefore, they would have to do 25. She will clarify by the second reading.






11.A.3. Ordinance

AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND TO FUND RENOVATIONS TO THE BUILDING PURCHASED FROM GREEN

HILLS CHURCH (INTERIM STATION # 2) FOR THE PURPOSE OF HOUSING LADDER 111 TO MAINTAIN OUR CURRENT ISO RATING

Sponsor(s): City Manager Kenny Martin Commissioner Brian Abston questioned if this is $6,000 out of the Fire budget, not the land budget?

City Attorney Gino Marchetti stated we need to change the wording to "Owned by Green Hill Church" in the 127-42200-266 line.


Vice-Mayor James Maness thanked Environmental Science for allowing us to house an engine in their building for the safety of the residents. This is very important on what Green Hill Church is doing for us.

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Motion to amend made by Vice-Mayor James Maness, seconded by Mayor Ed Hagerty

Vote on amendment: Yea: Unanimous

Mayor Ed Hagerty recognized Josiah Heimbach, Troop 1204, working toward Eagle Scout.






11.A.4. Ordinance

AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO APPROPRIATE FUNDS FROM THE SALE OF FOUND PROPERTY TO LOCAL NON-PROFITS IN PURSUANCE TO TCA-66-29-115 – DOWNS


Sponsor(s): City Manager Kenny Martin City Manager Kenny Martin explained the ordinance.



MOVER: Brian Abston, Commissioner

SECONDER: James Maness, Vice Mayor - District 2


11.A.5. Ordinance

AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM MADE OWNER OF 1100 NW RUTLAND RD.,

OUTSIDE THE CITY LIMITS OF MT. JULIET, TENNESSEE, IDENTIFIED AS WILSON COUNTY, TENNESSEE, MAP 77, PARCEL 57.02

Sponsor(s): City Manager Kenny Martin Mayor Ed Hagerty stated he will vote no, and he is fearful that the trend will continue to be on sewer but outside of our control. The road will be improved and the bridge will come. He is looking 20-30 years down the line.

Commissioner Ray Justice stated for the same reasons as the Mayor spoke of, he could not vote for this.

Commissioner Brian Abston stated with this being in the Urban Growth Boundary he has a problem not annexing.

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Public Works Director Jessica Gore stated she was previously asked not to annex a similar request on Georgian Way due to Emergency Services. Our prior planner requested annexation but he was concerned with Emergency Services. This property owner has a gravity and force main sewer easement on their property. Feels emergency service should address this. Currently there are several homes between the current city limits and this home.

Mayor Ed Hagerty stated he is just trying to look down the road.

Commissioner Brian Abston questioned where sewer easements and main is located?

Public Works Director Jessica Gore stated they have a sewer force main in the front and they have a gravity easement on the creek.

Mayor Ed Hagerty asked how many homes could this possibly capture?

Public Works Director Jessica Gore replied she could not tell exactly.

Vice-Mayor James Maness stated he does not feel this would pass but what if they requested annexation, but defer the annexation until the property across the street is annexed?

City Attorney Gino Marchetti stated you could do this and another Board of Commissioners could exercise on the annexation that could happen soon or many years in the future.

Commissioner Ray Justice stated we currently have pockets of NO sewer in the City. Piece- mealing has to be stopped.

Vice-Mayor James Maness stated if this property was annexed today it could be a bigger burden on the City, with Police, Fire, Brush Truck.

Commissioner Art Giles stated the property on the East side we allowed to connect. What criteria do we use in determining how we decide who can connect and who cannot?

Mayor Ed Hagerty asked City Attorney Gino Marchetti, concerning the Vice-Mayor's idea and if the current owners sold the property would that deal be dead?

City Attorney Gino Marchetti replied no, this would be a restriction on the property.

Commissioner Brian Abston stated there are folks who prefer living in the City and those that prefer not to live in the City. This restriction could hurt or help them on a future sale.

Homeowner Crystal Curtis stated she will not annex into the City. She understands the Mayor's point of view. If needed she will dig a new septic tank. She does not want an overpass to take her land.

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She has contacted the Comptroller and they told her she has to hook up to the City's sewer if the City requires but we are not allowing her to hook up when she is asking and willing to pay more money for the sewer. This is her home. She stated concern that being annexed would allow the City to take her land. We pay taxes on the easements. She mows and bush hogs around the two sewer easements. Stated that everyone on her road does not want to be annexed.

Commissioner Ray Justice asked you have septic now. What is the cost of replacing the septic?

Homeowner Crystal Curtis stated it is less than connecting to sewer.

Homeowner Landon Curtis stated, in the spirit of TCA (he is no lawyer), it is to entice folks to connect for sanitary reasons and pay back bonds and to keep rates lower for the rate payers inside the city.

Mayor Ed Hagerty stated you have the ability to be annexed and be on the sewer system.

Homeowner Landon Curtis asked what is the advantage to Mt. Juliet for his property to be annexed.

Mayor Ed Hagerty stated we have folks that are looking 20 - 40 years ahead into the future. It is the unforseen and unintended consequences.

Public Works Director Jessica Gore stated this is for one single family home which is one tap. As long as they do not apply for another water meter this would serve them.

Vice-Mayor James Maness advised the homeowners if they build on an extra bedroom the property has to be able to perk for more than it does now..

RESULT: RECOMMENDATION [3 TO 2] Next: 9/11/2017 6:30 PM




AYES: Maness, Giles, Abston

NAYS: Hagerty, Justice

B. Resolutions

11.B.1. Resolution 30-2017

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MT. JULIET, TENNESSEE CALLING FOR A PAUSE ON NEW

CONSTRUCTION ALONG GOLDEN BEAR GATEWAY

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Sponsor(s): Mayor Ed Hagerty Mayor Ed Hagerty stated that the Planning Commission has chosen to do a new Land Use Study on Golden Bear Gateway. Now that they can drive the road they have a different view of what can be done on this road. The first meeting on this is in September. We have folks wanting to build apartments and warehousing on this road and he feels this is not the vision of the Land Use Committee.

Commissioner Ray Justice stated he mentioned this about 3 years ago. Now that we have a road they can see what the potential is.

Mayor Ed Hagerty stated this is all on him, he sponsored this. This is so much more beautiful than the line on the map. We have a new City Planner and he would like to see what he thinks.

Commissioner Ray Justice feels the Land Use Plan had thought put into it. This looks bad on Planning staff.

Mayor Ed Hagerty stated he has all the fault on this.

Commissioner Art Giles asked if we voted positive on this could we only do the undeveloped part?

Mayor Ed Hagerty stated that was his intent.

Commissioner Ray Justice stated he does not want things touched in his area. Questioned the Corridor Study that should have been done?

Assistant Public Works Director Andy Barlow stated we have a draft of the full comprehensive Transportation plan. Stated the Transportation plan will be targeted at the Planning Commission in the September meeting. He would like to do a more detailed plan from Beckwith to Lebanon Road, the Golden Bear Gateway, on how it needs to develop including street lighting, landscaping.

Mayor Ed Hagerty asked City Planner Larry Mizell what his view is on Golden Bear Gateway. City Planner Larry Mizell requested a time frame.

Mayor Ed Hagerty responded one year.

Commissioner Ray Justice stated this will kill Economic Development in our community. Feels there is another way of handling other than stopping development for one year. We are in a bubble and, he feels, wasting a year.

Commissioner Ray Justice stated you can say yes with conditions instead of saying no to everything.

Vice-Mayor James Maness stated he has been office a few years and has heard countless times folks saying "What were you thinking when you did XYZ?" a few years back. Pausing one year

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will give us time. And folks will be happy to come to us one year from now as they are today.

Commissioner Art Giles stated looking at this he feels it is a safe guard.

Commissioner Ray Justice stated in the last two years there has been one approved residential development in a two year period. The message is we won't allow apartments or multi-family. Now we are saying we will not allow commercial on Golden Bear Gateway. We appear to be anti-growth.


Commissioner Brian Abston stated he feels we need to take a hard look at this to be sure it develops how we want it to develop as a City. We need a specific boundary.

Mayor Ed Hagerty stated his intention is the undeveloped property.

Motion to amend said resolution to state "the pause on development would include land from Fedex to Cedar Creek" was made by Commissioner Brian Abston, seconded by Commissioner Art Giles.

Vote on amendment: Yea: Unanimous

RESULT: ADOPT [4 TO 1]

MOVER: Ed Hagerty, Mayor


AYES: Hagerty, Maness, Giles, Abston

NAYS: Justice


RESOLUTION SUPPORTING A GRANT APPLICATION BY THE CITY OF MT. JULIET FOR THE TENNESSEE DEPARTMENT OF TRANSPORTATION’S

(TDOT) UPCOMING CONGESTION MITIGATION AND AIR QUALITY (CMAQ) IMPROVEMENT PROGRAM FOR INTELLEGENT SIGNAL SYSTEM (ITS) AND

SIGNAL IMPROVEMENTS ON MT. JULIET ROAD


RESULT: ADOPT [UNANIMOUS]

MOVER: Ray Justice, Commissioner - District 1




RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND THE TENNESSEE DEPARTMENT OF

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TRANSPORTATION FOR THE WOODRIDGE PLACE SIDEWALK PROJECT AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS


RESULT: ADOPT [UNANIMOUS]

MOVER: Art Giles, Commissioner - District 3



Adjournment

_______________________ Mayor Ed Hagerty

_______________________ City Recorder Sheila S. Luckett, MMC

4.1

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M E M O R A N D U M

Date: July 20, 2017 To: Luke Winchester, Chairman and Planning Commission From: Jennifer Stewart Zoning Administrator

Re: Rezone

NW Corner of Thurman St. & Clemmons Rd. Map 072 / Parcel 031.00

REQUEST: Dave Braunscheidel is requesting a rezoning for the property located on the NW corner of Thurman Street and Clemmons Road. The parcel consists of one (1) parcel sized approximately 1.6 acres, from AR-40 to RS-20. The tax ID for this parcel is Map 072A, Parcel 03100. OVERVIEW: This property currently vacant and heavily wooded. The owners have submitted a rendering showing their intention to create three single family lots, which have been included in packets. ANALYSIS: The existing property contains one lot totaling approximately 1.6 acres of land. Properties along this stretch of Clemmons Street and Thurman Drive are primarily zoned RS-20 and AR-40. Land Use Map: The property is shown on the Land Use Map as Medium Density Residential which is consistent with the request. Rezoning: Rezoning the subject property from AR-40 to RS-20 will allow the applicant to move forward with his plan to create a three lot single family subdivision. The potential lots range from 23,000+ sq. ft. to 28,866 sq ft. in size. Findings: In reviewing the requested zoning action, staff finds that the proposed rezoning does agree with the following findings as contained in the zoning ordinance. The proposed rezoning;

1. is in agreement with the general plan for the area, and 2. does not contravene the legal purposes for which zoning exists, and 3. will have no adverse effect upon joining property owners, unless such effect can

be justified by the overwhelming public good or welfare, and 4. is not materially beneficial to a property owner or small group of property owners

and will not be detrimental to the general public, and

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5. is possible because conditions affecting the area have changed to a sufficient extent to warrant an amendment to the zoning map, and

6. allows uses by right, for which the base infrastructure is in place or will be required, to support their operation.

Recommendation: Staff opines that the Regional Planning Commission forward this request to the Board of Commissioners with a positive recommendation.

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Executive Summary

Thurman Street Property (NW Corner Thurman Street-Clemmons Road)

REQUEST: Rezone request for Thurman Street Property.

WHO: Dave Braunscheidel

WHAT: Request to approve the Rezone for the Thurman Street Property at NW corner of

Thurman Street & Clemmons Road. The applicant is seeking to rezone the property

from Agricultural (AR40) to Single Family Residential (RS20). This request received an

8-0-0 Positive recommendation at the July 20, 2017, Planning Commission meeting.

More details are available in the staff report provided to the RPC.

WHEN: First Reading July 20, 2017 Second Reading TBD WHERE: NW corner of Thurman Street and Clemmons Road WHY: The applicant, Dave Braunscheidel, has requested that this property be rezoned from

Agricultural (AR40) to Single Family Residential (RS20). The applicant has indicated he intends to place three (3) single family residential lots at this location.

STAFF RECOMMENDATION: The Regional Planning Commission recommended approval of a rezoning to Single

Family Residential (RS20) during their July 20, 2017 meeting by a vote of 8-0-0. Staff recommends approval with conditions.

PREPARED BY: Bo Logan, Planning Director

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656 NMJR Rezone Request Page 1 of 2

ORDINANCE NO. ________

AN ORDINANCE AMENDING RESOLUTION NO. 2016-16 (ZONING MAP), ADOPTED APRIL 11, 2016, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1.6 ACRES OF LAND KNOWN AS THE THURMAN STREET PROPERTY AND LOCATED AT THE CORNER OF THURMAN STREET AND CLEMMONS ROAD AND AS DESCRIBED HEREIN FROM AGRICULTURAL (AR40) TO SINGLE FAMILY RESIDENTIAL (RS20), BEING MAP 072, GROUP A, PARCEL 031.00.

* * * * *

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 July 20, 2017, and forwarded a Positive recommendation for

approval to the Board of Commissioners; and

WHEREAS, The City of Mt. Juliet Board of Commissioners desires to rezone the subject

property from Agricultural (AR40) to Single Family Residential (RS20); and

WHEREAS, the subject rezoning request to Single Family Residential (RS20) 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. 2016-16 (Zoning Map), adopted April 11, 2016, be

and is hereby amended and altered by rezoning those certain parcels of real property, known as

the Thurman Street property, described below and shown on Exhibit A (attached), Agricultural

(AR40) to Single Family Residential (RS20)

In the State of Tennessee, County of Wilson, and City of Mt. Juliet, and being more particularly

described as follows:

Legal Description:

Map 072, Parcel 03100 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 July 20, 2017.

SECTION 3. - PUBLIC HEARING - The zoning changes were the subject of a public hearing

held on ________________ at 6:15 p.m.

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Ordinance No. (cont'd.)

656 NMJR Rezone Request Page 2 of 2

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:

_________________________________

Ed Hagerty, Mayor

FIRST READING:__________

SECOND READING:__________

ATTEST:

__________________________________

Sheila S. Luckett, MMC

City Recorder

_________________________________


APPROVED AS TO FORM:

_____________________________

L. Gino Marchetti, Jr.

City Attorney

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THURMAN ST

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RS-20RS-10

RS-20

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LEGENDArea to be RezonedStreetsParcels

[NORTH

Exhibit AREZONING- Map 072, Parcel 031.00

Clemmons Road/ Thurman StreetThis sheet is an Exhibit to Ordinance No.______ adopted by the Board of Commissioners of the City of Mt. Juliet on 2ND Reading,_____________, 2017. The following described parcel of land is hereby rezoned by the Board of Commissioners of the City of Mt Juliet from AR-40 (Agricultural/Residential) to RS-20 (Residential Single Family)..

a) The approximate 1.60+/- acres or 69,696 square feet representing Map 072, Parcel 031.00 located northwest of the intersection of Clemmons Rd. & Thurman Street.

Property Description: Said land consists of the following property, also outlined in red below:

Ordinance No. _______Sheila Luckett, MMCCity RecorderCity of Mt. Juliet

Rezone:RS-20

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Fire Department

For the City of Mt. Juliet

Mt. Juliet, Tennessee

Executive Summary

Executive Summary: The Fire Department of Mt. Juliet (FDMJ) requests that $266.37

donated by Culver’s Restaurant be allocated to FDMJ’s Fiscal Year 2018 budget, and

added to line item 42200-239 (Public Education). Amount amended on 8/25/17 to

$500.00 per statement from Culver’s owner Ray Render that the amount would be

$500.00.

Who: City of Mt. Juliet Board of Commissioners

City Manager Kenny Martin

Deputy City Manager Sheila Luckett

MJ City Attorney Gino Marchetti

Where: MJ City Hall Commission Chambers

Why: FDMJ participated with Culver’s Restaurant in a series of Culver’s Community

Nights and Culver’s Cares Events. Over the course of four evenings, FDMJ personnel

conducted apparatus and equipment demonstrations along with on-site Fire Safety

Education at Culver’s. These events were well attended and FDMJ personnel were able

to interact with and educate many Mt. Juliet residents and visitors. Culver’s is donating

a percentage of their sales from the Culver’s Cares Event to FDMJ for the purpose of

enhancing FDMJ’s Public Education efforts.

Staff Recommendation: Approve this request to allow that the $266.37 donated by

Culver’s Restaurant be allocated to FDMJ’s Fiscal Year 2017/ 2018 budget, and added

to line item 42200-239 (Public Education). Amount amended on 8/25/17 to $500.00 per

statement from Culver’s owner Ray Render that the amount would be $500.00.

Prepared by: FDMJ Deputy Fire Chief Chris Allen

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ORDINANCE 2016-_______

ACCEPT CULVER’S GRANT AND APPROPRIATE SAME FOR PUBLIC FIRE

PROTECTION EDUCATION

WHEREAS, Culver’s has provided a five hundred ($500.00) donation to benefit

the City of Mt. Juliet Fire Department; and

WHEREAS, the City of Mt. Juliet Fire Department provides public education

regarding fire protection to the citizens of the City of Mt. Juliet; and

WHEREAS, the Fire Chief has determined that the best use of the contribution

is to further educate the citizens; and

WHEREAS, the City of Mt. Juliet expresses its gratitude to Culver’s for their

generosity and their interest in providing for this educational opportunity.

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of

the City of Mt. Juliet, Tennessee as follows:

Section 1. The 2017/2018 Budget Ordinance (Ordinance 2017-41) is hereby

amended as follows:

Emergency Services Fund

Increase the Following Expenditures:

127-42200-239 Employee Education $500.00

Increase the Following Revenue:

127-36728 Culver’s Donation $500.00

Section 2. The budget ordinance, as amended, is ratified and readopted in all

respects and this amendment is incorporated therein.

BE IT FURTHER ORDAINED:

Section 3. In case of conflict between this ordinance or any part hereof, and

the whole or part of any existing ordinance of the City, the conflicting ordinance is

repealed to the extent of the conflict but no further.

Section 4. If any section, clause, 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, provision or portion of this ordinance.

Section 5. That this ordinance shall take effect at the earliest date allowed by

law, the public welfare requiring it.

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PASSED: _________________________________ Ed Hagerty, Mayor FIRST READING: SECOND READING: ATTEST: __________________________________ Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: _________________________________ Kenny Martin, City Manager _____________________________ L. Gino Marchetti, Jr. City Attorney

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ORDINANCE 2017 –

AN ORDINANCE OF THE CITY OF MT. JULIET TO AMEND SECTION 30-367 (c)

OUTSIDE CITY CUSTOMERS TO THE MT. JULIET CITY CODE CHAPTER 30

UTILITIES, DIVISION 11 FEES.

Whereas, the Board of Commissioners of the City of Mt. Juliet desire to amend Section 30-367

(c) Outside City Customers, to Chapter 30 Utilities, Division 11, Fees; and

Whereas, the City of Mt. Juliet requires all persons requesting sewer service that are located

outside the corporate city limits to complete an application and appear before the City of Mt.

Juliet Regional Planning Commission and City of Mt. Juliet Board of Commissioners; and

Whereas, the City of Mt. Juliet hereby establishes a Fee to help defray the cost of staff time to

review the request, make recommendations and present to the City of Mt. Juliet Regional

Planning Commission and City of Mt. Juliet Board of Commissioners;

Now, therefore, be it ORDAINED by the City of Mt Juliet Board of Commissioners the City of

Mt. Juliet City Code Chapter 30 Utilities, Division 11 Fees, Section 30-367 (c) is amended.

Section 1. The following amends Section 30-367 (c) Outside City Customers to the Mt.

Juliet City Code Chapter 30 Utilities, Division 11 Fees:

Sec. 30-367. - Outside city customers.

(a) All users who are located outside the city shall pay all regular charges and a surcharge of 25 percent additional for all fees including tap, connection, pretreatment and user fees.

(b) The city reserves the right to refuse sewer service to any area outside the city.

(c) Any developer or land owner who anticipates undertaking any project outside the city limits of the city which would require a connection to the the city sewer system shall first obtain the approval of the the city planning commission and the city commission prior to any engineering design work concerning the sewer system. Out of city sewer service application and fee shall be submitted to the Public Works Department prior to any request for service being heard by the City Planning Commission and City Commission.

(d) After receiving approval, the developer and the developer's engineer shall work closely with the engineer for the city sewer system during the design, construction and inspection stages of the development. Such systems shall also have the approval of the engineer for the city regarding the as-built system prior to connection.

(e) Any developer who fails to obtain such prior approval shall not be allowed to connect to the the city sewer system.

(Ord. No. 2013-09, §§ 1, 2, 1-28-2013)

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Section 2. In case of conflict between this ordinance or any part hereof, and the whole or

part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of

the conflict but no further.

Section 3. If any section, clause, provision or portion of this ordinance is held to be invalid or


section, clause, provision or portion of this ordinance.

Section 4. That this ordinance shall take effect at the earliest date allowed by law, the public

welfare requiring it.


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AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO

APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND TO

FUND RENOVATIONS TO A BUILDING USED WITH PERMISSION FROM

GREEN HILLS CHURCH (INTERIM STATION # 2) FOR THE PURPOSE OF

HOUSING LADDER 111 IN THE LEBANON ROAD CORRIDOR TO

MAINTAIN OUR CURRENT ISO RATING

WHEREAS, the City is in negotiations to purchase land from the Green Hills

Church for a future permanent Fire Station #2 but must maintain a facility (Interim

Station #2) in the Lebanon Road Corridor to house Ladder 111, which is crucial in

maintaining the current ISO rating; and

WHEREAS, currently renovations will be needed to house Ladder 111 at Interim

Station #2.




amended as follows

Emergency Services Fund


127-42200-266 Renovation of property owned by Green Hill Church

$6,000.00

Decrease the Fund Balance

127-27100 Emergency Services Fund Balance $6,000.00










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PASSED: _________________________________ Ed Hagerty, Mayor FIRST READING: SECOND READING: ATTEST: __________________________________ Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: _________________________________ Kenny Martin, City Manager _____________________________ City Attorney Gino Marchetti

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Fire Department

For the City of Mt. Juliet

Mt. Juliet, Tennessee

Executive Summary

Executive Summary: The Fire Department of Mt. Juliet (FDMJ) requests a Budget

Amendment to increase our Fiscal Year 2018 Budget by $6,000.00 to fund renovations

to a building at Green Hills Church for the purpose of housing Ladder 111 and

maintaining our current ISO rating.

Who: City of Mt. Juliet Board of Commissioners

City Manager Kenny Martin

Deputy City Manager Sheila Luckett

MJ City Attorney Gino Marchetti

Where: MJ City Hall Commission Chambers

Why: FDMJ’s fleet of fire suppression apparatus includes two pumpers and two ladder

trucks. FDMJ houses one ladder truck and one pumper at our Belinda Parkway Station

(Station 1) and we house one pumper at our Hill Street Station (Station 1). The

apparatus bays at Station 1 are full; the apparatus bays at Station 3 are also full and are

not capable of housing a ladder truck due to the length of the vehicle.

Since early 2014, we have housed our second ladder truck (Ladder 111) in a building

on the Environmental Science Corporation (ESC) property on Lebanon Road. The

Lebanon Road facility has been identified as Station 2 and was graded by ISO, allowing

FDMJ to achieve and maintain an ISO rating of 5.

As recently as June of 2017, ESC leadership assured FDMJ leadership that Ladder 111

could remain on their property indefinitely. However, on Friday, August 4th, 2017, FDMJ

leadership was notified that ESC had been sold and that Ladder 111 would need to be

removed from ESC’s secure location immediately. Ladder 111 was relocated to Station

3, where it is parked outside between the fire station and Public Works. Storing an in-

service pumper or ladder truck outside cannot be accepted as a long-term condition due

to the adverse effects of seasonal extremes i.e. excessive sun/heat accelerating fading

and degradation of equipment, freezing temperatures affecting the water payload in the

tank and pump.

FDMJ leadership has located a facility behind Green Hills Church that can indefinitely

be used as an “interim Station 2”. The property can be used free of charge and is in an

ideal location to allow FDMJ to maintain its ISO Rating of 5. The building is long enough

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to house Ladder 111, however, the overhead structure around the front garage door

and the rear roof area will need to be raised approximately one foot to accommodate

the ladder truck. FDMJ leadership has obtained several quotes for renovations to the

building, with the lowest bid being $6,000.00, to include several loads of “crush and run”

to solidify the pad in front of the building. (FDMJ leadership searched for other existing

structures that would accommodate Ladder 111 and none were found that would be

long term in nature AND maintain the integrity of the ISO requirements.)

FDMJ leadership needs to move quickly to return Ladder 111 to the Lebanon Road area

to ensure that we maintain our ISO Grading of 5. Failing to maintain this rating will

cause an increase to the insurance premiums for many Mt. Juliet residents. The ISO

representative for this region will be in the areas soon to grade Lebanon’s new fire

station and WEMA’s new fire station.

Staff Recommendation: Approve a $6,000.00 increase to FDMJ’s Fiscal Year 2018

budget for the renovations to an interim facility for Station 2; the funds should be added

to Line Item 127-42200-266 (Repair/Maintenance Buildings).

Prepared by: FDMJ Deputy Fire Chief Chris Allen

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AMEND THE FISCAL YEAR 2017/2018 BUDGET ORDINANCE 2017-41 TO

APPROPRIATE FUNDS FROM THE SALE OF FOUND PROPERTY TO

LOCAL NON-PROFITS IN PURSUANCE TO TCA-66-29-115 – DOWNS


WHEREAS, the City of Mt. Juliet Board of Commissioners desire to support the

Mt. Juliet Police in their request to donate $605.88 to the Downs Syndrome Association

of Middle TN – Buddy Walk; and

WHEREAS, since the Mt. Juliet Police Department and Mt. Juliet Fire

Department will partner with the Downs Syndrome Association of Middle TN at their

annual Buddy Walk to be held this year on November 4, 2017 at the Hermitage; and

WHEREAS, the Mt. Juliet Police Department request that the $605.88 collected

from the sale of abandoned property be donated to the Downs Syndrome Association of

Middle TN – Buddy Walk.



Section 1. The Mt. Juliet Board of Commissioners authorize the donation of

$605.88 to the Downs Syndrome Association of Middle TN – Buddy Walk.

General Fund


110-44300 Downs Syndrome Assoc. of Middle TN $ 605.88

Reduce the Following Revenue:

110-36515 Sale of Abandoned Property $ 605.88










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PASSED: _________________________________ Ed Hagerty, Mayor FIRST READING: SECOND READING: ATTEST: __________________________________ Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: _________________________________ Kenny Martin, City Manager _____________________________ City Attorney Gino Marchetti

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Executive Summary: Accept and Reallocate monies received from the sale of abandoned

property to local non-profit organization.

1) WHO: Mt. Juliet Police Department

2) WHAT: Accept and Reallocate monies received from the sale of found property to local

non-profits in pursuance to TCA 66-29-115.

3) WHEN: 2017/2018 Budget

4) WHERE: Mt. Juliet City Limits

5) WHY: The Mt. Juliet Police Department recently sold at public auction a portion of the

MJPD abandoned property. In accordance to state law this money is to be given to local

non-related, non-profit organizations. It is the request of the Mt. Juliet Police

Department that this money be received and reallocated to the Down Syndrome

Association of Middle Tennessee in the total amount of $605.88.

The Down Syndrome Associations of Middle Tennessee is a community of parents,

grandparents, siblings, physicians, educators, professionals, friends, and self-advocates

from counties in Middle Tennessee who celebrate and support individuals with Down

Syndrome and their families.

Each year the Mt. Juliet Police Department and Fire Department of Mt. Juliet, partners

with the Down Syndrome Association at their annual Buddy Walk. This is one of their

major fundraisers of the year. This year it will be held on November 4, 2017 at the

Hermitage. We would be honored if these funds would be allowed to be donated to

this event.

This request is made with the upmost respect and hope you approve our

recommendation.

STAFF RECOMMENDATION:

Chief of Police James Hambrick has given a positive recommendation

PREPARED BY: Michael Mullins

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MT. JULIET, TENNESSEE ORDINANCE NUMBER -2017

AN ORDINANCE APPROVING THE REQUEST TO CONNECT TO THE MT. JULIET SEWER SYSTEM MADE OWNER OF 1100 NW RUTLAND RD., OUTSIDE THE CITY LIMITS OF MT. JULIET, TENNESSEE, IDENTIFIED AS WILSON COUNTY, TENNESSEE, MAP 77, PARCEL 57.02

WHEREAS, Title 13-1-12(1) requires that “Any developer or land owner who anticipates undertaking any project outside the city limits of Mt. Juliet which would require connection to the Mt. Juliet sewer system shall first obtain the approval of the Mt. Juliet Planning Commission and the Mt. Juliet City Commission prior to any engineering design work concerning the sewer system,” and; WHEREAS, the existing septic system is in need of repair, and WHEREAS, The City of Mt. Juliet has an existing 12” force main and an existing 24” gravity interceptor line within city sewer easements on the property owner’s 10.9 acre property at 1100 NW Rutland Rd., and WHEREAS, Owner has requested permission to connect to the Mt. Juliet Sewer System for a single family residence located at 1100 Nonaville Rd., Mt. Juliet, TN, Wilson County, TN Map 77, Parcel 57.02, and WHEREAS, Mt. Juliet Planning Commission approved the request at a meeting held on August 17, 2017 and has forwarded the approval to the City Commission, NOW, THEREFORE, BE IT RESOLVED:

1. The Board of Commissioners of the City of Mt. Juliet give approval of sewer service for a single family residence located at 1100 NW Rutland Rd., Mt. Juliet, TN, Wilson County, TN Map 77, Parcel 57.02.

2. Property owner will be required to pay a premium monthly rate since property is not within the city limits as indicated by the current rate schedule.

3. Property owner will be required to pay the tap and capacity fees required for connection to the city system.

4. Costs for installation of the grinder pump and plumbing up to the tap will be the responsibility of the property owner.

READ, ADOPTED, APPROVED in open session this 11th Day of September, 2017

____________________________ Ed Hagerty, Mayor

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MT. JULIET, TENNESSEE RESOLUTION NUMBER -2017

Attest: _________________________ _________________________ Sheila S. Luckett, MMC Kenneth D. Martin City Recorder City Manager Approved as to Form: _____________________________ L. Gino Marchetti, Jr. City Attorney

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MT. JULIET, TENNESSEE ORDINANCE NUMBER 2017-

EXECUTIVE SUMMARY

WHO: Property Owners of 1100 NW Rutland Rd. WHAT: Applicant wishes to connect existing single family residence on a

10.9 acre tract to existing City sewer. The city’s sewer force main is located in an easement along the North side of the property and the South side of NW Rutland Rd. Owner will pay all regular charges and a surcharge of 25% additional for all city fees since said property is not within the city limits. Property is contiguous with the City limits along Interstate 40 Right of Way, but the plan of services would be problematic as related to City Fire and Police service.

The owner understands and agrees to pay the tap and capacity fees required for connection to the city system. Because the property is outside the City Limits, installation of the grinder pump and plumbing up to the tap will also be the responsibility of the property owner.

WHEN: 08/17/17 PC meeting 08/28/17 BOC meeting first reading

09/11/17 BOC meeting 2nd reading WHERE: 1100 NW Rutland Rd., outside the city limits of Mt. Juliet,

Tennessee, identified as Wilson County, Tennessee, map 77, parcel 57.02.

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STAFF REPORT

Date: August 17, 2017 To: Luke Winchester, Chairman and Planning Commission From: Jessica Gore, P.E. Public Works Director/City Engineer

Re: Mt. Juliet Code Section 13-1-12(1)

City Ordinance 98-02 (New Sewer Service Outside of Mt. Juliet)

Background: Due to failing septic system, applicant wishes to connect existing home to the City of Mt. Juliet 12” force main along the NW Rutland Rd. property frontage. The subject property location is 1100 NW Rutland Rd., outside the city limits of Mt. Juliet, Tennessee, identified as Wilson County, Tennessee, map 77, parcel 57.02. The city’s sewer force main is located on the South side of NW Rutland Road. Property is eligible for annexation as it is contiguous to property within the city limits along the Southern property line that abuts Interstate 40. Bo Logan, former City Planner had recommended annexation prior to his resignation. However, the applicant is requesting service without annexation as was granted to his neighbor at 1040 NW Rutland Rd. in 2013 under previous Planning and Public Works Directors.

Analysis: Owner will pay all regular charges and a surcharge of 25% additional for all city fees since said property is not within the city limits. Further, the owner understands and agrees to pay the tap and capacity fees required for connection to the city system. Installation of the grinder pump and plumbing up to the tap will also be the responsibility of the property owner. Service of the subject property can be achieved by the City Sewer System. However, the Emergency plan of services could be problematic. The subject property is approximately 3,200 linear feet from the City limit boundary at Carrick Glen. Thus, NW Rutland Rd. from Carrick Glen to the home would all remain in the County. Recommendation: Given the conflict with providing emergency services, staff recommends approval of connection pending payment of city fees and installation of grinder pump and plumbing to the tap. Said installation shall be inspected and approved by the Director of Public Works or a representative thereof.

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County Number: 095 County Name: WILSON Tax Year: 2017

Property Owner and Mailing Address

Jan 1 Owner: DANIEL CURTIS L ETUX CRYSTAL 1100 NW RUTLAND RD MOUNT JULIET, TN 37122

Current Owner:

Property Location

Address: NW RUTLAND RD 1100

Map: 077 Grp: Ctrl Map: 077 Parcel: 057.02 PI: S/I: 000

Value Information

Reappraisal Year: 2016

Land Mkt Value: $125,400

Improvement Value: $162,100

Total Market Appraisal: $287,500

Assessment %: 25

Assessment: $71,875

General Information

Class: 00 -

RESIDENTIAL

City #: 000 City:

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Home.aspx

About.aspx

SelectCounty.aspx

ParcelListI.aspx

SSD1: 950 SSD2: 000

District: 25 Mkt Area: M99

# Bldgs: 1 # Mobile Homes: 0

Utilities - Water / Sewer:

03 - PUBLIC /

INDIVIDUAL Utilities - Electricity: 01 - PUBLIC

Utilities - Gas / Gas Type:

00 - NONE Zoning:

Subdivision Data

Subdivision:

Plat Bk: 17 Plat Pg: 784 Block: Lot:

Additional Description

60FT STRIP E SIDE

Building Information

Building # 1

Improvement Type: 01 - SINGLE

FAMILY Stories: 2

Living/Business Sq. Ft.:

2,716

Heat and A/C: 08 - HEAT &

COOLING PKG

Plumbing Fixtures:

8

Exterior Wall: 04 - SIDING

AVERAGE Quality:

01 -

AVERAGE

Act Yr Built: 1980 Condition: A -

AVERAGE

Building Areas:

Extra Features

Bldg/Card# Type Description Units

1 DRIVEWAY 1

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1 PATIO 22X25 550

1 TENNIS COURT 60X120 1

1 SWIMMING POOL 36X18 648

Sale Information

Sale Date Price Book Page Vac/Imp Type

Instrument Qualification

01/28/2016 $365,000 1680 1986 IMPROVED WD N

10/13/2015 $278,200 1665 2456 IMPROVED WD A

10/01/2004 $300,000 1078 1103 IMPROVED WD G

05/27/1999 $305,000 463 386 IMPROVED WD A

06/16/1986 $0 399 279

10/16/1984 $0 392 305

10/03/1983 $0 388 855

01/01/1000 $0 393 925

Land Information

Deed Acres:

0.00

Calc Acres:

0.00

Total Land Units:

10.90

Land Type:

04 - IM

P SITE Soil Class:

Units:

10.9

0

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Glossary of Terms How to Search Fact Sheet

Division of Property Assessments Home Page

Comptroller of the Treasury Home Page

State of Tennessee Home Page

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http://tnmap.tn.gov/assessment/?GISLink=095077++++05702







Glossary.aspx

HowToSearch.aspx

http://www.comptroller.tn.gov/pa/paavt.asp

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http://tn.gov/

ORDINANCE 2017-

AMEND THE MT. JULIET PERSONNEL MANUAL WITH CLARIFYING

LANGUAGE REGARDING SECTION 5.4, RETIREMENT

WHEREAS, the Mt. Juliet Board of Commissioners adopted Ordinance 2015-03 the Employee

Personnel Manual on January 12, 2015; and

WHEREAS, section 5.4, Retirement, requires amendment to be more informative and reflect the

current policy of the City of Mt. Juliet as promulgated in Ordinance 2009-08 on February 9,

2009.

NOW, THEREFORE, be it hereby ordained that the City of Mt. Juliet Board of Commissioners

that Section 5.4, Retirement, of the Employee Personnel Manual is amended as follows:

Section 1: 5.4 RETIREMENT

Retirement is defined as voluntary withdrawal from City employment by an employee eligible to

receive retirement benefits under Social Security, or the Tennessee Consolidated Retirement

System. Retirement benefits are based upon the regulations of the retirement system in which the

employee is enrolled and any other applicable provisions that may be in effect at the time of that

employee’s retirement. Insured employees who are retired as of February 9, 2014 are eligible to

continue to carry their insurance with no changes. Only employees who have fifteen (15) years

of service as of February 9, 2014 are eligible to continue to carry his/her Medical, Dental, Vision

and Life single insurance coverage that is in effect at the time of retirement. When a retiree is

eligible for Medicare, it shall become his/her primary coverage. The City insurance policy will

have a maximum liability of one-half (1/2) million dollars when the retiree is eligible to be

covered by Medicare. Any employee having less than 15 years of service as of February 9, 2014

will not be eligible to continue medical, dental, vision and life insurance benefits beyond the date

of retirement.

Section 2. Ordinance 2015-03, as amended, is ratified and readopted in all respects

and this amendment is incorporated therein.


Section 3. In case of conflict between this ordinance or any part hereof, and the

whole or part of any existing ordinance of the City, the conflicting ordinance is repealed to the

extent of the conflict but no further.

Section 4. If any section, clause, 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, provision or portion of this ordinance.

Section 5. That this ordinance shall take effect at the earliest date allowed by law, the

public welfare requiring it.

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PASSED: _________________________________

Ed Hagerty, Mayor

FIRST READING:

SECOND READING:

ATTEST:

__________________________________


City Recorder


_________________________________


_____________________________


City Attorney

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Personnel Manual Clarification on Insurance Post Retirement

Who: The BOC in February 2009 reduced of employee benefits after retirement-OPEB. The only major

benefit that the City of Mt. Juliet was providing was the continuation of Medical coverage after 15 years

of service.

What: Both Legal and the Actuary believe the ordinance does not clearly state the City policy as

modified February 9, 2009.

WHY: Below is the language that currently exists.

Retirement is defined as voluntary withdrawal from City employment by an employee eligible to receive

retirement benefits under Social Security, or the Tennessee Consolidated Retirement System. Retirement

benefits are based upon the regulations of the retirement system in which the employee is enrolled and

any other applicable provisions that may be in effect at the time of that employee’s retirement. Retiring

employees who have a minimum of fifteen (15) consecutive years of service with the City of Mt. Juliet

prior to retirement and who are going to draw retirement from Tennessee Consolidated Retirement

System may be eligible to continue to carry his/her Medical, Dental, Vision and Life single insurance

coverage. Employees who are retired as of the adoption of this manual shall continue to carry their

insurance with no changes. Employees who have ten (10) years of service on February 9, 2009 /

Ordinance 2009-08 would be covered as noted above under retiree insurance. Retired employees may

cover dependents with full payment of the additional premium being born by the employee. Employees

with less than ten (10) years of service on February 9, 2009 / Ordinance 2009-08 would follow the policy

that is in effect at the time of their retirement. When a retiree is eligible for Medicare, it shall become

his/her primary coverage.

Legal counsel suggests that the language above be struck in its entirety and replaced with the following in

order to clarify the intentions of the BOC in 2009.




any other applicable provisions that may be in effect at the time of that employee’s retirement. Insured

employees who are retired as of February 9, 2014 are eligible to continue to carry their insurance with

no changes. Only employees who have fifteen (15) years of service as of February 9, 2014 are eligible to

continue to carry his/her Medical, Dental, Vision and Life single insurance coverage that is in effect at

the time of retirement. When a retiree is eligible for Medicare, it shall become his/her primary coverage.

The City ‘s insurance policy will have a maximum liability of one-half (1/2) million dollars when the

retiree is eligible to be covered by Medicare.

When: BOC meeting of 8/14/2017 and 8/28/2017 and possibly September 11, 2017 to allow for

transparency if this is a code change.

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Recommended Changes to Personnel Manual

5.4 RETIREMENT

Retirement is defined as voluntary withdrawal from City employment by an employee eligible to receive retirement benefits under Social Security, or the Tennessee Consolidated Retirement System. Retirement benefits are based upon the regulations of the retirement system in which the employee is enrolled and any other applicable provisions that may be in effect at the time of that employee’s retirement. Insured employees who are retired as of February 9, 2014 are eligible to continue to carry their insurance with no changes. Only employees who have fifteen (15) years of service as of February 9, 2014 are eligible to continue to carry his/her Medical, Dental, Vision and Life single insurance coverage that is in effect at the time of retirement. When a retiree is eligible for Medicare, it shall become his/her primary coverage. The City insurance policy will have a maximum liability of one-half (1/2) million dollars when the retiree is eligible to be covered by Medicare. Retiring employees who have a minimum of fifteen (15) consecutive years of service with the City of Mt. Juliet prior to retirement and who are going to draw retirement from Tennessee Consolidated Retirement System may be eligible to continue to carry his/her Medical, Dental, Vision and Life single insurance coverage. Employees who are retired as of the adoption of this manual shall continue to carry their insurance with no changes. Employees who have ten (10) years of service on February 9, 2009 / Ordinance 2009-08 would be covered as noted above under retiree insurance. Retired employees may cover dependents with full payment of the additional premium being born by the employee. Employees with less than ten (10) years of service on February 9, 2009 / Ordinance 2009-08 would follow the policy that is in effect at the time of their retirement. When a retiree is eligible for Medicare, it shall become

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his/her primary coverage. The City‘s insurance policy will have a maximum liability of one-half (1/2) million dollars when the retiree is eligible to be covered by Medicare.

Employees who are eligible for retirement and who wish to retire should advise his/her Department Head and the Human Resources Department with as much advanced notice as possible, prior to the anticipated date of retirement in order to allow sufficient time for completion of the appropriate paperwork and processing. Advance notice of retirement also enables the recruitment process to fill the anticipated vacancy.

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ORDINANCE 2017-

AMEND THE MT. JULIET PERSONNEL MANUAL SECTION 5.4, RETIREMENT

WHEREAS, the Mt. Juliet Board of Commissioners adopted Ordinance 2015-03 the Employee

Personnel Manual on January 12, 2015; and

WHEREAS, section 5.4, Retirement is amended and replaced.

NOW, THEREFORE, be it hereby ordained that the City of Mt. Juliet Board of Commissioners

that Section 5.4, Retirement, of the Employee Personnel Manual is amended as follows:

Section 1: Section 5.4 Retirement currently states:

5.4 RETIREMENT




any other applicable provisions that may be in effect at the time of that employee’s retirement. Retiring

employees who have a minimum of fifteen (15) consecutive years of service with the City of Mt. Juliet

prior to retirement and who are going to draw retirement from Tennessee Consolidated Retirement

System may be eligible to continue to carry his/her Medical, Dental, Vision and Life single insurance

coverage. Employees who are retired as of the adoption of this manual shall continue to carry their

insurance with no changes. Employees who have ten (10) years of service on February 9, 2009 /

Ordinance 2009-08 would be covered as noted above under retiree insurance. Retired employees may

cover dependents with full payment of the additional premium being born by the employee. Employees

with less than ten (10) years of service on February 9, 2009 / Ordinance 2009-08 would follow the policy

that is in effect at the time of their retirement. When a retiree is eligible for Medicare, it shall become

his/her primary coverage.

Section 2: Section 5.4 Retirement is replaced with the following:

5.4 RETIREMENT

Retirement is defined as voluntary withdrawal from City employment by a Full-Time employee.

Retirement benefits are based upon the regulations of the retirement system in which the employee is

enrolled and any other applicable provisions that may be in effect at the time of that employee’s

retirement. Full Time employees will be given (1) one point for each accumulative year of full-time

employment and an additional (1) one point for each year of age. The accumulative years of service point

and the age point will be added together. When the points total (80) eighty the employee will be eligible

for medical benefits (health, dental, and vision) upon retirement at the current rate paid by a Full-Time

employee. This benefit is only available to Full-Time employees and the health, dental and vision ceases

when the employee is eligible for Medicare. Life insurance will be allowed to be maintained as the

current policy dictates at the expense of the City. No secondary insurance to Medicare or another plan is

offered. If after retirement the employee takes a position with another entity that offers medical benefits

then the employee will be required to cease medical coverage with the City of Mt. Juliet, and this benefit

will not be reinstated. This benefit is only extended to the employee. Family coverage is not available

after retirement. The status of currently retired employees will not change with this ordinance.

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Section 3. Ordinance 2015-03, as amended, is ratified and readopted in all respects and this

amendment is incorporated therein.


Section 4. In case of conflict between this ordinance or any part hereof, and the

whole or part of any existing ordinance of the City, the conflicting ordinance is repealed to the

extent of the conflict but no further.

Section 5. If any section, clause, 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, provision or portion of this ordinance.

Section 6. That this ordinance shall take effect at the earliest date allowed by law, the

public welfare requiring it.

PASSED: _________________________________

Ed Hagerty, Mayor

FIRST READING:

SECOND READING:

ATTEST:

__________________________________


City Recorder


_________________________________


_____________________________


City Attorney

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RESOLUTION -2017

A RESOLUTION DECLARING CITY PROPERTY AS SURPLUS TO

BE DISPOSED OF AT GOVDEALS AUCTION

WHEREAS, the City of Mt. Juliet Parks Department has certain equipment that has

reached the end of its useful life; and

WHEREAS, said equipment is identified as follows:

1999 Jeep Cherokee with 96,000 miles, VIN# 1J4FF28SXL59698

Toro Series 5000 Mower with 2000 hours use, 312000612, Model # - 74915

X-Mark Lazer Z Mower with 1200 hours use, #818258

Toro Sand Pro 5040 model 08705 for Softball fields, # 312000396 Bunker Rake,

Case Tractor, Serial # - JJG0178653, Model # - 580 Super K; and

WHEREAS, the Parks Director has deemed the equipment to be of no further use to the

city and is deemed neither safe nor effective.

NOW, THEREFORE, BE IT RESOLVED by the City of Mt.Juliet, Wilson County,

Tennessee as follows:

1. The equipment listed is hereby declared to be surplus property.

2. The property shall be listed on the Auction site GovDeals for sale to the highest

bidder.

3. The City Finance Director is empowered to execute the documents required to

effect this resolution.

FIRST READING:

PASSED: _________________________

Ed Hagerty, Mayor

__________________________

Kenneth D. Martin, City Manager

ATTEST:

____________________

Sheila Luckett, MMC

City Recorder


_______________________


City Attorney

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APPROPRIATE CONTRIBUTION TO FRIENDS OF MT. JULIET PARKS AND

GREENWAYS

WHEREAS, the City of Mt. Juliet was an excellent location from which to

observe the August 21st solar eclipse; and

WHEREAS, the City agreed to employ its resources in arranging a city-wide

celebration that was to benefit Friends of Mt. Juliet Parks and Greenways; and

WHEREAS, donations and revenue exceeded the cost of material and

entertainment.




amended as follows:

General Fund

Increase the following Expenditures:

110-44300-700 Donation- Mt. Juliet Parks and Greenways $8,073.96

Increase the following Revenue:

110-34785 Eclipse Revenue $8,073.96

Section 2. The budget ordinance, as amended, is ratified and readopted in all

respects and this amendment is incorporated therein.










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ORDINANCE 2017 –

AN ORDINANCE OF THE CITY OF MT. JULIET TO ADD SECTION 28-77 BICYCLE

LANES TO THE MT. JULIET CITY CODE CHAPTER 28 TRAFFIC AND VEHICLES,

ARTICLE III TRAFFIC REGULATIONS

Whereas, the Board of Commissioners of the City of Mt. Juliet desire to add Section 28-77

Bicycle Lanes, to Chapter 28 Traffic and Vehicles, Article III Traffic Regulations; and

Whereas, currently the City of Mt. Juliet has designated bike lanes on several streets and

roadways within the City; and

Whereas, the City of Mt. Juliet Police Department would like to have the ability to enforce the

use of the designated Bicycle Lanes to help ensure the safety of the bicyclist;

Now, therefore, be it ORDAINED by the City of Mt Juliet Board of Commissioners the City of

Mt. Juliet City Code Chapter 28 Traffic and Vehicles, Article III Traffic Regulations is amended

by adding Section 28-77 Bicycle Lanes.

Section 1. The following is added to: Chapter 28 Traffic and Vehicles, Article III Traffic

Regulations, Section 28-77 Bicycle Lanes

A. Every person operating a motor vehicle shall yield the right-of-way to a person operating a bicycle within a bicycle lane. A person operating a motor vehicle may cross a bicycle lane when making a turn or when entering or leaving the roadway, but a bicycle lane shall not be used as turning lane or passing lane.

B. Motor vehicles should not be parked, stopped or left standing in bicycle lanes unless there is an emergency circumstance.

C. A person operating a bicycle within a bicycle lane shall give an audible signal when passing another person operating a bicycle proceeding in the same direction and shall further pass on the left.

D. A person operating a bicycle entering a bicycle lane shall yield the right of way to all bicycles in the bicycle lane. A person operating a bicycle leaving a bicycle lane shall yield the right of way to all vehicles and pedestrians. No person operating a bicycle lane shall leave it until the movement can be made with reasonable safety and, if any vehicle would be affected by the movement, by giving an appropriate signal before the movement is made.

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E. A person operating a bicycle within a bicycle lane shall travel in the same direction as motor vehicles traveling in the adjacent traffic lane.


Section 2. In case of conflict between this ordinance or any part hereof, and the whole or

part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of

the conflict but no further.

Section 3. If any section, clause, provision or portion of this ordinance is held to be invalid or


section, clause, provision or portion of this ordinance.

Section 4. That this ordinance shall take effect at the earliest date allowed by law, the public

welfare requiring it.


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agenda - monday, september 11, 2017 - city of mt. juliet

Documents