Mt. Juliet, Tennessee

2425 North Mt. Juliet Rd

Mt. Juliet, TN 37122

Commission Chambers

Monday, January 8, 2024 6:30 PM

Board of Commissioners

Meeting Minutes - Final

Public Hearing 6:15 PM

Citizens Comments limited to three (3) minutes per person - Ordinance 2023-15

Mayor Maness called the Public Hearing to order ay 6:18 PM

Mark Hiensley, Mt. Juliet West Wilson Chamber of Commerce: Thanked everyone for

attending the meeting. We all want nice well kept banners. The businesses would like to be

able to advertise so the public can see what is happening. Quoted sales tax figures since

2019, which have begun to decline. It is tough for the Small businesses that have a small

margin. Questioned why the sign ordinance would be on the Consent Agenda.

Mayor Maness stated he will request under Set Agenda that this be removed from the

Consent Agenda.

Julie Rusewald, Mt. Juliet West Wilson Chamber of Commerce,14625 Lebanon Road:

Concerned over changes to Temporary Signs for the small businesses. Work on the

ordinance to get it correct.

Public Hearing Notice - 6:15 PM

0459

Board of Commissioners, City Manager Kenny Martin

Sponsors:

Attachments:

Call to Order & Declare a Quorum Present

Mayor Maness called the January 8, 2024 regular meeting of the Board of Commissioners to

order and declared a quorum present.

Set Agenda

Mayor requested items 8C and 8D (Golden Bear Place) be removed from Consent and

considered after the consent agenda, and to remove the 8A.(Sign Ordinance) off of the

consent agenda. No objections voiced.

Bill Trivett, James Maness, Jennifer Milele, Ray Justice, and Scott

Hefner

Present:

Invocation & Pledge of Allegiance

City Manager Martin led the invocation and Pledge of Allegiance.

Approval of Minutes

Approval of December 11, 2023 Minutes

4.A.

0458

Board of Commissioners, City Manager Kenny Martin

Minutes 12-11-23

Sponsors:

Attachments:

A motion was made by Trivett, seconded by Hefner, that this Minutes be approved.

The motion carried by the following vote:

APPROVED

RESULT:

Bill Trivett

MOVER:

Scott Hefner

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Aye:

Citizens Comments

Citizens Comment Limited to three (3) minutes per person - Ordinance 2008-24

Sebastion Ballot, 903 Easton Drive: Thanked staff for help with Jones Development. His

street is now a cut thru and creating a safety issue. Baird Farms, speed humps and

enforcement have been added. Requested additional stop signs and speed humps

Rosslyn Ballard, 903 Easton Drive: Read her statement about the speeding traffic.

Owner of the Nook: Stated concern over the banners and signs on public property, school

groups, etc. Concerned over the prohibition of Christmas Lights inside the windows. Thsi

attracts customers and is festive.

Vince King, 4th Avenue: Expressed concerns over the Ethics Complaints. One was dismissed

without a public meeting. He requested the information and was given the complaint and the

rebuttal. He requested the minutes, attendees and votes. He was told by the City Attorney

that there is no documentation. There was a ghost meeting held and no one knows what

happened. Citizens deserve more transparency. We need to be transparent and correct.

Buzz Steele, Representing Realtors: Questioned why items not changing are being restated..

They aren't enforced on weekends since staff is off duty. We want to support the City and

have a seat at the table.

Commissioner Reports & Comments

Commissioner Jennifer Milele: Happy New Year, thanked everyone for coming out. She

uses Social Media platforms to communicate with all persons in her district, the city and

county. She is currently suspended on NextDoor until 1/13/24. TDOT public information

meeting on Providence South will be 2/29 from 5 p.m - 7 p.m. at Providence Church. The

public is encouraged to attend. This is primarily about the interchange. Thanked Mr. King on

his comments regarding the Ethics Commission. She was also disappointed. Speeding is an

issue all over the city. Explained how the Police and Public Works conduct a Speed Study

and critiria to forward to the Traffic Commission.

Commissioner Justice: Hoped everyone had a Merry Christmas and Happy New Year.

Stated that the last revision of the Sign Ordinance was in 2018. It was a process, then we

were sued and had to make changes. This is not a pleasant experience. The staff at City

Hall work daily on changes that benefit the residents and businesses. There is lots of

dedication and knowledge that goes into this. Staff bring this to the BoC. The BoC gets with

the businesses. Changes will be made. Their are NO changes in the Real Estate signs in

what is on the table. His goal is for Mt. Juliet to be Safe place, nice place and fun place to

live. We do not have a property tax that does nothing but help fund the Fire Department. We

want to keep it that way. We want the businesses to be successful. The staff at City Hall is

trying everyway possible to keep things great.

Vice Mayor Bill Trivett: Thanks to everyone that came out. Happy New Year. The sign

ordinance has been very passionate. The staff are the subject matter experts. When we ask

them to evaluate, no one wants to hinder the businesses. Safety is his main concern. Would

like more information on safety concerns. Parks Department has done a great job in allowing

tree drop off at our parks. Father/Daughter Dance sold out.

Commissioner Scott Hefner: Thanked everyone for coming out. Happy New Year. Thanked

City Manager Martin and staff for atteding the Kelsy Glen in his place, when he was out of

town. Shout out to Public Works Director Matt White and staff on applyingfar and being

awarded a grant close to $1million to help with the signals on Mt. Juliet Road. This is a very

needed enhancement. Thanks for efforts. Requested that Mr. King and everyone not only

get out and vote but to step up and pull a petition and run for an office. Loves this City and

this job and helping the citizens. Get out and vote.

Mayor Maness: Thanked everyone for attending. Mt. Juliet probably has the lowest property

tax for a full service city in the state of TN, and we provide Fire Service. we have an exciting

2024 coming with things that can be done better. We will continue to make Mt. Juliet the

great city it is.

City Manager's Report

City Manager Kenny Martin gave a Shout out to Public Works and the entire staff.

Encourages everyone to study Sir Robert Peel. If we let blight creep into our community it

does not take long for it to change the community. Encouraged everyone to Shop Local. We

want our businesses to succeed. His concern about banners is not against the business

owner it is about safety. The speeders in subdivisions are disrespecting the residents. Be

respectful of each other. People throwing trash out are disrespectful. People plus respect =

harmony. OK with the banner ordinance to remain as it is if he can get a commitment that we

follow the rules. If you don't bury the poles deep enough and tie it down well it can cause an

accident. We do not want the city to become blighted, if it feels blighted people don't feel

safe. We try to do things in the best interest of the community. Please call the codes

department for help in placing a banner safely. We have banners and rebar flying into cars

due to high wind. The city has even had stop sign damage cars due to bolts being loose.

Thanked TDOT for $150 million in projects to be spent in Mt. Juliet. If we offended anyone

we will try to do better. If Codes see a banner in the RoW they will remove it without issuing a

citation.. Mr. King staff doesn't handle Ethics issues.

Gino Marchetti: Stated the Ethics Commission has had 3 resignations in the last 48 hours.

The meeting that was scheduled for tomorrow is being continued to a future date. He has

recused himself from the Ethic Commisison due to repesenting these BoC. Mr. Bill Farmer is

special counsel to the Ethics Commission and he has postponed the meeting. He is working

on a report concerning the dismissal of the complaints on the 3 Commissioners.

Unfinished Business Consent Agenda Items:

8.B. AN ORDINANCE TO REZONE THE PROPERTY KNOWN AS 330 W.

DIVISION STREET, MAP 073L, GROUP C, PARCEL 002.00, FROM OPS

TO CTC

0408

Planning Commission Positive Recommendation

Sponsors:

330 W. Division St._RZ_SR

Attachments:

330 W Division St_RZ_ORD

330 W. Division Legal Description

330_W_Division_St_Exhibit_B_Rezone_10_17_23

8B (Rezone 330 W. Divsion) 8 F (Amend FY 23/24 Budget Golden Bear & Volunteer

Blvd. Traffic Signal)

A motion was made by Maness, seconded by Trivett, that these Ordinances be

adopted by Consent Vote. The motion carried by the following vote:

ADOPTED

James Maness

Bill Trivett

RESULT:

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 2024-01

Aye:

8.F. AN ORDINANCE AMENDING THE FISCAL YEAR 2023/2024 BUDGET

ORDINANCE 2023-24 TO ACCEPT AND APPROPRIATE GRANT

FUNDS FOR THE GOLDEN BEAR AND VOLUNTEER BLVD TRAFFIC

SIGNAL PROJECT

0434

City Manager Kenny Martin

Sponsors:

2023-12-11- Amend Under Armor SIA Capital Proj budget for

grant awards

Attachments:

2023-12-11- Amend Under Armor SIA Capital Proj budget -

Exec Summary

A motion was made by Maness, seconded by Trivett, that these Ordinances be

adopted by Consent Vote. The motion carried by the following vote:

ADOPTED

James Maness

Bill Trivett

RESULT:

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 2024-02

Aye:

8.C. AN ORDINANCE TO AMEND THE LAND USE PLAN FOR THE

PROPERTY KNOWN AS GOLDEN BEAR PLACE LOCATED AT 4403

AND 4515 BECKWITH ROAD MAP 78, PARCELS P/O 12, 17.01, 17.02,

FROM INTERSTATE COMMERCIAL TO INTERSTATE

COMMERCIAL, MIXED USE, BUSINESS DEVELOPMENT CENTER

AND HIGH DENSITY RESIDENTIAL.

0418

Planning Commission Positive Recommendation

Sponsors:

Golden Bear Place KP- LUA Ord

Attachments:

Golden Bear Place KP Legal Description

Golden Bear PLace KP Map LU

Golden Bear Place KP Deferral from BOC to 11-27-2023

Items 8C and 8D were considered together (Amend the Land Use for Golden Bear

Place).

A motion was made by Milele, seconded by Trivett, that this Ordinance be adopted.

The motion carried by the following vote:

ADOPTED

Jennifer Milele

Bill Trivett

RESULT:

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 2024-03

Aye:

8.D. AN ORDINANCE TO REZONE APPROXIMATELY 81.61 ACRES OF

PROPERTY ON BECKWITH ROAD, MAP 078, P/O PARCEL 12, 17.01

AND 17.02 FROM CI, CI-PUD AND CRC-PUD TO COMMERCIAL

MIXED USE, PLANNED UNIT DEVELOPMENT (CMU-PUD) AND TO

AMEND THE PRELIMINARY MASTER DEVELOPMENT PLAN FOR

GOLDEN BEAR PLACE

0419

Planning Commission Positive Recommendation

Sponsors:

Golden Bear Place KP Revised SR

Attachments:

Golden Bear Place KP PMDP Ord

Goldne Bear Place KP PMDP Legal Description

Golden Bear Place KP Map Rezone PUD

Golden Bear Place KP ORd 2017-04

Motion made by Commissioner Justice to amend said ordinance:

"The Devleoper commits to contribute $7,500 per residential unit within the

development. This includes a $2,500 per-unit credit for the improvements to Golden

Bear Gateway, and Old Beckwith Road that are constructed by the developer. The

remaining $5,000. per-unit contributionshall be dedicated toward public improvements

and/or associated roadway projects in the project vicinity and/or E. Division Street"

GBG, 2nd by Mayor Maness.

Vote Yea: Unanimous (1st Amendment)

It was agreed to also replace "and" with "and/or" (E. Division) and the end of the

amendment. (No objections voiced)

Back on original Ordinance as once Amended:

Motion made by Commissioner Justiceto amend said Ordinance to state: " Allow

deviations from the sign ordinance to allow the building signage as shown on the

attached building elevations. (Increased number of signs and size of signs). Storage

Facility: North Wall (150 sf), South Wall (150 sf.), East Wall (150 sf.)

Bowling Alley: North Wall (500 sf.), South Wall (100 sf.), East Wall (500 sf. [One large

and One small])

Variance to increase maximum size from 300 sf. to 500 sf., and number of permitted

signs on one wall.

To allow offiste monument signae at locations shown on C2.01.

To allow project monument signange as shown on C4.01, Three (3) signs to be 25 ft.

tall, Three (3) signs to be 15 ft. tall. To allow sign face area as shown on C4.01", 2nd

by Mayor Maness.

Vote Yea: Unanimous (2nd Amendment)

Back on original Ordinance as twice Amended:

Motion made by Commissioner Hefner to "To allow maximum building height allowed

within the CRC, CI and CMU districts from 35' to 70' or 6 stories. All areas of the PUD

are within 1/2 mile of the Becksith Road Interchange. Height exemption shall be for

Office, Hotel and Multi-family uses."

"Allow omition of a portion of the required perimeter fence for Area D, on the east side

of the site along the creek buffer, and Area E on the west side along the creek buffer."

"Allow deviation from the material standards for Area D, E and F to allow up to 30%

secondary materials on each facade. Should a site wish to exceed 30% secondary

material (if approved) they shall revisit BoC for PUD Amendment"

"Allow roof top mounted HVAC units within the multi-family prtions of the development.

All roof top mounted equipment will be screened with parapet walls or approved

alternate.", 2nd by Mayor Maness.

Vote Yea: Unanimous (3rd Amendment)

Back on original Ordinance as Amended three times:

Motion made by Vice Mayor Trivett that "the roundabout shown on the neighbors

property be reomoved from the plans, (error on plans)".

"From the staff report items a-e under Animal Care and Veterinary Services:

a. All animal care use shall occu in completely walled and roofed structures, except

that completely fenced exercise yards may be provided as specified in subpart b of this

section, below.

b. Exercise yards shall be completely fenced and screened from all abutting lots and

streets. Exercise yards shall not be used for overnight accommodations. The use of

exercise yards shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.

c. Animal care boarding facilities shall be restricted to domesticated animals that have

an adult weight not exceeding 200 pounds.

d. The design of animal care facilities shall provide for the off-street pickup and

drop-off of animals.

e. Animal care, veterinary office and services shall be strictly prohibited should the lot

on which the facility is situated adjoin any residentially zoned property unless the

residential property is unoccupied.", 2nd by Commissioner Milele.

Vote Yea: Unanimous (4th Amendment)

Back on original Ordinance as amended four times:

Motion made by Colmmissioner Milele that "area E be clarified as age restricted 55 and

above, and if area F is nsot developed commercially as Assisted Living it would be 55

plus". Joe Haddix, CSDG stated they would agree to 55 plus.

Vote Yea: Unanimous (5th Amendment)

Back on original Ordinance as amended five times:

Discussion was held on if the Bowling Alley fell through. Director of Economic

Development Jennifer Hamblen stated if the use is different than listed on the PUD it

would have to come back. Ex: If a skating rink it would not have to come back.

However, the Industrial Uses have been puleed out in the PUD document.

Motion made by Mayor Maness to state "if the Bowling Alley falls throught this will

come back as a major amendment, 2nd by Commissioner Hefner.

Vote Yea: Unanimous (6th Amendment)

Back on Ordinance as six times amended:

Vote on items 8C and 8 D: Yea: Unanimous

A motion was made by Milele, seconded by Trivett, that this Ordinance be adopted.

The motion carried by the following vote:

ADOPTED

RESULT:

Jennifer Milele

Bill Trivett

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 2024-04

Aye:

8.E.

0431

AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF

THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS

(ORDINANCE 2001-29), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY

AMENDING ARTICLE III, USE REGULATIONS ADDING SECTION 3-108,

TEMPORARY EVENTS, USES AND PORTABLE BUILDINGS, TO INCLUDE MOBILE

FOOD VENDOR (FOOD TRUCKS) REGULATIONS FOR RESIDENTIAL AND

INDUSTRIAL DISTRICTS

City Manager Kenny Martin

Sponsors:

Mobile Food Vendor Amend Ord

Attachments:

Motion made by Commissioner Milele to amend said ordinance to extend the sunset

clause until 7/31/24 as the trial period., 2nd by Commissioner Hefner.

Vote on Amendment to extend the Sunset Clause to 7/31/24:

Yea: Unanimous

A motion was made by Commissioner Justice, seconded by Commissioner Milele, that

this Ordinance be adopted. The motion carried by the following vote:

ADOPTED

RESULT:

Ray Justice

Jennifer Milele

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 2024-05

Aye:

8.A. AN ORDINANCE AMENDING PART B OF THE UNIFIED

DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE,

KNOWN AS THE ZONING REGULATIONS (ORDINANCE 2001-29),

ADOPTED OCTOBER 8, 2001, AS AMENDED, ARTICLE 11 SIGNS

0375

Planning and Zoning, Kenny Howell

Sponsors:

Article VI, Sign Regulations_ZOA_SR

Summary of Sign Regulations Revision

2023 Ordinance

Attachments:

Sign Reg Rev 12.6.23

Fails for lack of 2nd

This Ordinance fails for lack of a 2nd.

NO MOTION MADE

Bill Trivett

RESULT:

MOVER:

11.

New Business

Ordinances - 1st Reading

11.A. AN ORDINANCE TO AMEND THE PRELIMINARY MASTER

DEVELOPMENT PLAN (PMDP) FOR THE PROVIDENCE

PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 80

BELINDA PARKWAY, MAP 096, PARCEL 001.11, IN THE CITY OF

MT. JULIET, WILSON COUNTY, TN

0452

Planning Commission Positive Recommendation

Sponsors:

Homewood Suites_PUD_Amend_SR

Attachments:

Homewood Suites_PUD Amend_ORD

Legal Description_Homewood Suites

Homewood_Suites_PUD_Amendment_Exhibit_B_12_14_23

A motion was made by Commissioner Milele, seconded by Vice Mayor Trivett, that

this Ordinance be recommended for approval to the Board of Commissioners, on

meeting date of 2/12/2024. The motion carried by the following vote:

RECOMMENDED FOR APPROVAL

RESULT:

Jennifer Milele

MOVER:

Bill Trivett

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Aye:

11.B. AN ORDINANCE TO AMEND THE PRELIMINARY MASTER

DEVELOPMENT PLAN (PMDP) FOR THE MT. JULIET COMMONS

PLANNED UNIT DEVELOPMENT (PUD), BEING LOCATED AT

12950 LEBANON ROAD, MAP 053, PARCEL 109.00 IN THE CITY

OF MT. JULIET, WILSON COUNTY, TN.

0456

Planning Commission Positive Recommendation

Sponsors:

MJ Commons_PUD_Amend_SR

Attachments:

MJ Commons_PUD Amend_ORD

MJ Commons_Legal Description_Exhibit A

MJ_Commons_PUD_Amendment_Exhibit_B_12_14_23

Motion made by Commissioner Justice that "vet sevices shall be fully enclosed in

the primary building", 2nd by Mayor Maness.

Vote Yea: Unanimous

A motion was made by Vice Mayor Trivett, seconded by Commissioner Milele, that

this Ordinance be recommended for approval and scheduled for 2/12/24. The

motion carried by the following vote:

RECOMMENDED FOR APPROVAL

RESULT:

Bill Trivett

MOVER:

Jennifer Milele

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Aye:

11.C. AN ORDINANCE AMENDING THE FISCAL YEAR 2023/2024

BUDGET ORDINANCE 2023-24 TO ACCEPT AND APPROPRIATE

GRANT FUNDS FOR THE S. GREENHILL RAILROAD CROSSING

SIGNAL IMPROVEMENT PROJECT

0464

City Manager Kenny Martin

Sponsors:

2024-01-08- Amend S. Greenhill RR Xing Capital Proj

budget for grant awards

Attachments:

2024-01-08- Amend S. Greenhill RR Xing Capital Proj

budget Exec Summary

A motion was made by Mayor Maness, seconded by Commissioner Hefner, that

this Ordinance be recommended for approval and scheduled for 2/12/24. The

motion carried by the following vote:

RECOMMENDED FOR APPROVAL

RESULT:

James Maness

MOVER:

Scott Hefner

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Aye:

Resolution

RESOLUTION APPROVING THE AWARD OF THE

0465

CONSTRUCTION CONTRACT FOR THE S. GREENHILL

RAILROAD CROSSING SIGNAL IMPROVEMENT PROJECT AND

AUTHORIZING THE MAYOR TO SIGN THE CONTRACT

City Manager Kenny Martin

Sponsors:

2024-01-08, S. Greenhill RR Signal Construction Contract

Attachments:

Resolution

2024-01-08, S. Greenhill RR Signal Contract Resolution -

Exec Summary

Bid Tabulation

5.BidAwardLetter

Stansell Contract signature pages

A motion was made by Mayor Maness, seconded by Vice Mayor Trivett, that this

Resolution be adopted. The motion carried by the following vote:

ADOPTED

James Maness

Bill Trivett

RESULT:

MOVER:

SECONDER:

Trivett, Maness, Milele, Justice, and Hefner

Enactment No: 01-2024

Aye:

Appointments

Ethics Commission Appointment of Gina Clarke for District 4

Commissioner Milele

0463

Jennifer Milele

Sponsors:

Commissioner Milele nominated Gina Clarke to serve as her representative on the

Ethics Commission for District 4: Vote Yea: Unanimous

Appointment - Parks & Greenways Board: Terri Atwood

0467

James Maness

Sponsors:

Mayor Maness appointed Terri Atwood to the Parks and GrenwayBoard:

Vote Yea: Unanimous

Appointment Distict 1 - Ethics Commission

Motion made by Commissioner Justice to suspend with the rules to allow him to nominate his

representative to the Ethics Commission, 2nd by Commissioner Milele.

Vote to suspend with the rules: Yea: Unanimous

Commissioner Justice nominated Georgina Hughes as his Ethics Commissioner nomination

for District 1.

Vote Yea: Unanimous

Motion made by Mayor Maness to return to regular session, 2nd by Commissioner Justice.

Vote Yea: Unanimous

12.

Adjournment

The regular meeting of the Board of Commissioners adjourned at 7:59 p.m.

_______________________

Mayor James Maness

_______________________

City Recorder Sheila S. Luckett, MMC