Malcolm Baldrige National Quatity Ava a019 Award Recipient Mike Palazzolo, Mayor ‘Jason Huisman, City Administrator Board of Mayor and Aldermen Meeting Monday, December 12, 2022 -6 p.m. City Hall~ Council Chambers Call fo Order Invocation Pledge of Allegiance Set Agenda Approval of Minutes Citizens to be Heard 7. SPECIAL RECOGNITION ‘a. Germantown Education Commission Teacher of the Month - December 2022 b. Germantown Education Commission Youth Excellence Award ~ December 2022 8, BEER BOARD - Public Hearing ~ Beer Board Permit - On-Premise Application - MHI-Germantown HI OpCo, LLC 9, CONSENT AGENDA ‘a. Consulting Services Agreement - Senior Adult Reoreation/Education Programs and Service Needs ‘Assessment ~ Phase | b. Renewal ~ Medical & RX Stop Loss Insurance REGULAR 40. Ordinance 2022-8 ~ Amendment to Chapter 2, Article V, Division 22, Section 2-295.1(J) ~ Municipal School Board Compensation - Third and Final Reading ‘14, Revised Final Pian - Rowan Oak Planned Development 42. Resolution 22R14 — Operating and Transfer Agreement, Germantown Elementary School, Germantown Middle ‘School and Germantown High School The City complies with the American Disabilities Act. Should you need accommodations, call 757-7200 at least 48 hours in advance of meeting.Agenda No, 44 CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN, DATE: December 12, 2022 FROM: Jason R, Huisman, City Administrator (T}Q~ ‘SUBJECT: SET AGENDA INTRODUCTION The agenda must be set before the meeting. Any changes to the agenda must be set before the meeting begins. Prepared by: e Michele Betty City CleriRecorder PROPOSED MOTION(S): ‘To approve the December 12, 2022 agenda (as amended). BOARD ACTION: MOTION BY: SECONDED B’ | WorerroTAC {SANDERS “GIBSOW RICKS ~UELEKE ~“MGOREERY Yes | Yes Yes ——~=Cses. NO _N No __No _ [ABSTAIN Abstain Abstain AbstainAgenda No.5 CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: December 12, 2022 FROM: Jason R. Huisman, City Administrator CB SUBJECT: APPROVAL OF MINUTES - NOVEMBER 28, 2022 INTRODUCTION The purpose of this agenda item is to approve the minutes of the Board of Mayor and Aldermen Regular Meeting held November 28, 2022. ‘ATTACHMENTS Prepared by: 1 Draft November 28, 2022 Minutes Michele Betty City Clerk/Recorder | PROPOSED MOTION(S): ‘To approve the minutes of the Board of Mayor and Aldermen Regular Meeting held November 28, 2022. BOARD ACTION: MOTION BY: ‘SECONDED BY: ['VOTEMTOTAL” | SANDERS GIBSON. HICKS" __UELEKE McCREERY | Pal o t Yes Yes Yes Yes No No No _ ‘Abstain ~ Abstain Abstain | Lit a [- L.BOARD OF MAYOR AND ALDERMEN November 28, 2022 The regular meeting of the Board of Mayor and Aldermen was held on Monday, November 28, 2022, at 6 pm in the Council Chambers at City Hall. Mayor Mike Palazzolo was present and presiding, The following aldermen were present: Scott Sanders, Mary Anne Gibson, Sherrie Hicks, Brian Ueleke and Jon ‘McCreery. Staff present: Michele Betty, Taylor Cates, Richard Hall, Jason Huisman, Mac McCarroll, Lisa Piefer, Cameron Ross, Natalie Ruffin and Andy Sanders Call to Order ‘The Mayor called the meeting to order. Invocation The invocation was led by Andy Sanders. Pledge of Allegiance Alderman McCreery led the Pledge of Allegiance. Mayor Palazzolo stated for the record, the Board of Mayor and Aldermen met in a closed session, at 5 p.m. this evening, to discuss pending litigation. Set Agenda The Board is asked to set the agenda for the meeting. Any changes are to be made at this time, Motion by Ms. Gibson, seconded by Mr. Sanders, to approve the November 28, 2022 agenda, ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, McCreery-yes. Motion approved. Approval of Minutes Approval is requested of the minutes of the regular meeting held November 14, 2022. Motion by Mr. McCreery, seconded by Ms. Hicks, to approve the minutes of the regular meeting held November 14, 2022, ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ucleke-yes, MeCrecry-yes. Motion approved. Citizens to be Heard ‘No citizens came forward. SPECIAL RECOGNITION Germantown Education Commission Teacher of the Month — November 2022 The November 2022 Teacher of the Month Award winner is Ms. Cindy Geyer, a math teacher and Mathematics Department Chair at Germantown High School. Germantown Education Commission Youth Excellence Award — November 2022 The November 2022 Youth Excellence Award winner is Brittain Brewer, a senior at St. Agnes Academy. Mayor Palazzolo recessed the Board of Mayor and Aldermen and reconvened as the Germantown Beer Board,Board of Mayor and Aldermen November 28, 2022 Page 2 BEER BOARD ~ Public Hearing — Temporary Beer Permit — On-premise Application ~ The Grand Krewe of RaMet The City is in receipt of a request from The Grand Krewe of RaMet for a temporary on-premise beer permit for their Coronation to be held on Saturday, January 21, 2023, from 7 to 11 pm, at the Great Hall & Conference Center. Mayor Palazzolo opened the floor for the public hearing. Having no on come forward, Mayor Palazzolo closed the public hearing Motion by Mr. Sanders, scconded by Mr. Ucleke, to approve the request of The Grand Krewe of RaMet for a ‘temporary permit to sell beer for on-premise consumption on Saturday, January 21, 2023, from 7 to 11 pm, at the Great Hall & Conference Center, located at 1900 S. Germantown Road. ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, McCreery-yes. Motion approved. Mayor Palazzolo recessed the Germantown Beer Board and reconvened as the Board of Mayor and Aldermen. CONSENT AGENDA PEG Disbursement to GMSD - 1" Quarter ‘The disbursement of Public, Education and Government (PEG) funding in the amount of $31,653.01 to the Germantown Municipal School District is for the use of capital equipment at the Germantown Municipal Television Station. The funds from the first quarter of fiscal year 2023 are from July 1, 2022 through September 30, 2022, MOTION: To authorize the disbursement of PEG funding collected by the City to the Germantown Municipal School District in the amount of $31,653.01 Professional Services Agreement — Parks Wayfinding Sign Program In 2017, the Mayor appointed a citizen group to assist in evaluating and improving greenways, bikeways and pedestrian trails/walkways. A key finding was that consistent, well designed wayfinding signage does not exist. This funding request identifies a phased approach for creating a unified wayfinding system throughout all public properties including trails, greenways and parks as identified by the Bike and Pedestrian Commission and Parks and Recreation Commission. Phase I includes the design work and review. Phase II and III will be dedicated to sign purchases and installations, MOTION: To authorize an agreement with Corbin Design, Inc. to provide professional services for the development of a comprehensive sign program for Phase I of the Germantown Parks and Trails Wayfinding Sign Program in the amount of $101,490.00. Purchase — Fuel ‘The City regularly purchases fuel for use in the fleet of cars, trucks and heavy equipment. Underground fuel storage tanks are maintained at Public Services, Central Fire Station and Dogwood Fire Station. These refueling locations utilize a fuel management software system using a proprietary identification system that links the fuel key to the specific vehicle and is capable providing various types of reports. MOTION: To authorize the purchase gasoline and diesel fuel from Roberts Gibson, Inc. per the fixed rate markup amount of $0.03 per gallon for the next twelve (12) month period,Board of Mayor and Aldermen November 28, 2022 Page 3 Purchas "AC In-car Video System In-car video systems allow the Police Department to use video technology in daily field operations. ‘The use of this equipment would enhance the ability of the department to review probable cause for arrest, arrest procedures, evaluate Officer performance, identify training needs, and either substantiate or exonerate officers accused of inappropriate conduct or behavior. The equipment would also be another component of officer safety. These 10 in-car video units are additional units to be installed into 10 new replacement vehicles. The GETAC in-car camera systems are a newer technology system that the police department is phasing in to replace older cameras. MOTION: To approve the purchase of ten (10) GETAC in-car camera systems, accessories and services from Brite Computers in the amount of $64,830.00. Motion by Mr. McCreery, seconded by Ms. Gibson, to approve the consent agenda as presented. ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, MeCreery-yes. Motion approved. REGULAR Ordinance 2022-8 ~ Amendment to Chapter 2, Article V, Division 22, Section 2-295.1(,J) ~ Municipal School Board Compensation — Second Reading and Public Hearing At the BMA visioning session on August 1, 2022, the topic of increasing Germantown Board of Education (GBOE) member compensation was proposed for discussion. City staff has conferred with the City’s legal team and counsel from the Municipal Technical Advisory Service to confirm the GBOE has the authority to establish their own compensation policies. Therefore, staff recommends amending subsection (j) to allow for the GBOE to establish their own levels of compensation. Mayor Palazzolo opened the floor for the public hearing. Having no one come forward, Mayor Palazzolo closed the public hearing, ‘Motion by Ms. Gibson, seconded by Mr. Sanders, to approve Ordinance 2022-8 on second reading. ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, McCreery-yes. Motion approved. Development Contract No. 1244 ~The Congregation ‘The current request is for the approval of a development contract to permit construction of a commercial center which includes demolition of the existing structures and redevelopment of the property with three new buildings. ‘The subject property is Lot 2 of the Crye Leike commercial subdivision and is currently developed with two vacant buildings. These structures include a church building that most recently operated a day care and a house that operated a hair salon, Motion by Mr. McCreery, seconded by Ms. Gibson, to approve Development Contract No, 1244 for The Congregation development. ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ucleke-yes, MeCreery-yes, Motion approved. Development Contract No. 1245 ~ Thornwood Planned Development (P.D.) Phase 7 On May 12, 2014, the Thomwood PD Outline Plan was approved by the BMA. An amended Outline Plan to allow a second hotel use within the planned development was approved by the Planning Commission on February 4, 2020. There is only an undeveloped portion of the existing Lot 5 remaining within this PD, which contains Phases 7 and 8. On August 3, 2021, the Planning Commission approved the Final Plan for Phase 7 of the Thomwood PD, and on September 13, 2021, the BMA approved this Final Plan. The current request is for the approval of a development contract to permit construction of Phase 7. This approval will allow 54 multi-family residential units and 1,853 s.f, of retail use on a 1.243-ac. lot within the Outline Plan boundaries of the Thomwood PD.Board of Mayor and Aldermen November 28, 2022 Page 4 Motion by Mr. McCreery, seconded by Mr. Sanders, to approve Development Contract No. 1245 for Phase 7 of the ‘Thomwood Planned Development (PD). ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, MeCreery-yes. Motion approved. Revised Final Plan — Travure Phase 4 On July 27, 2015, the BMA approved of an Outline Plan for a mixed-use development called Travure that would ‘be constructed in four phases. On December 8, 2015, the Planning Commission granted approval of an amended outline plan as well as final approval for Phases 1-3 and preliminary plan approval for Phase 4 (a 34,100 square foot, two-story retail/office building with surface parking). On November 1, 2016, the PC approved a revised Phase 4 preliminary plan and a final plan that allowed for a 47,396 square foot, three-story building with an associated underground gatage and surface parking. A second revision to the Phase 4 final plan was approved, on September 4, 2018, by the Planning Commission for a two-story, 34,592 square foot building with surface parking only. The currently proposed revised final plan for this phase of development is for a 56,136 square foot, three- story retail/office building with surface parking. Motion by Mr. MoCreery, seconded by Ms. Gibson, to approve the revised final plan for Phase 4 of the Travure Planned Development (PD). ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, MeCreery-yes. Motion approved. ‘Mayor Palazzolo recessed the Board of Mayor and Aldermen and reconvened as the Germantown Beer Board. BEER BOARD HEARINGS ‘Beer Board Hearing ~ Suspension/Revocation of Beer License — Circle K — 1351 S. Germantown Road ‘The underlying basis for the suspension or revocation being the violation of Section 3-B1 of the Germantown City Ordinance and Section 57-5-301 of the Tennessee Code Annotated pertaining to the sale of beer to persons designated by the State to be a minor. The Germantown Police Department served notice of this hearing to the Circle K on October 24, 2022, The notice states a hearing date of November 28, 2022. City Prosecutor, Taylor Cates, will represent the City at this hearing, This Circle K location received its beer permit on June 12, 2017 and has one prior beer ordinance violation. On February 12, 2018, this Citcle K location was found guilty of sale of beer to a minor and received a $1,500.00 civil penalty. On September 23, 2022, the Germantown Police Department conducted an undercover sting investigation of beer permit holders in Germantown, On that date a Cooperating Individual (CI) under the age of 21, working with the Germantown Police Department, was sold beer by the defendant. The defendant did check the CIs identification. Officer R. Cordo did witness the transaction and issued the defendant a misdemeanor citation. This incident is a direct violation of the Germantown Beer Ordinance Section 3-82 through 3-89 of selling beer illegally to any person less than twenty-one years of age, The Beer Board has the authority to issue a civil penalty of up to $2,500.00 or suspend o revoke the beer permit if it deems appropriate (Section 3-84). Mr. Chad Long, a district manager, represented Circle K. Motion by Mr. Sanders, seconded by Ms. Gibson, to find Circle K, located at 1351 S. Germantown Road, guilty of a violation of the Germantown Beet Ordinance regarding selling beer to a minor, ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, McCreery-yes. Motion approved.Board of Mayor and Aldermen November 28, 2022 Page $ Motion by Mr. Ueleke, seconded by Ms. Hicks, to fine the defendant a civil penalty of $2,500.00. ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, McCreery-yes. Motion approved, Beer Board Hearing — Suspension/Revocation of Beer License — Kroger Food Store ~ 7735 Farmington Blv ‘The underlying basis for the suspension or revocation being the violation of Section 3-81 of the Germantown City Ordinance and Section 57-5-301 of the Tennessee Code Annotated pertaining to the sale of beer to persons designated by the State to be a minor. The Germantown Police Department served notice of this hearing to Kroger on October 24, 2022. The notice states a hearing date of November 28, 2022. City Prosecutor, Taylor Cates, will represent the City at this hearing. This Kroger location received its beer permit on June 22, 2015 and has no prior beer ordinance violations. On September 23, 2022, the Germantown Police Department conducted an undercover sting investigation of beer permit holders in Germantown. On that date a Cooperating Individual (Cl) under the age of 21, working with the Germantown Police Department, was sold beer by the defendant. The defendant did check the CI’s identification, Officer Catterton did witness the transaction and issued the defendant a misdemeanor citation This incident is a direct violation of the Germantown Beer Ordinance Section 3-82 through 3-89 of selling beer illegally to any person less than twenty-one years of age. The Beer Board has the authority to issue a civil penalty of up to $2,500.00 or suspend or revoke the beet permit if it deems appropriate (Section 3-84). A representative from Kroger did not contact the City and did not appear at the hearing to plead their case. Motion by Mr. Sanders, seconded by Ms. Gibson, to find Kroger, located at 7735 Farmington Blvd., guilty of a violation of the Germantown Beer Ordinance regarding selling beer to a minor, ROLL CALL: Sanders-yes, Gibson-yes, Hicks-yes, Ueleke-yes, MeCreery-yes. Motion approved. City Prosecutor Cates proposed to continue the hearing and provide a Notice to Show Cause to the defendant to include a synopsis of why the defendant was found guilty by the Beer Board. Following the proposal by Mayor Palazzolo, the Beer Board agreed, without objection to have a second hearing on Monday, January 9, 2022 for the punishment phase. Meeting adjourned. Mike Palazzolo, Mayor Michele Betty, City Clerk/Recorder‘Agenda No. | [Os CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: December 12, 2022 FROM: Jason R. Huisman, City Administrator (YJ SUBJECT: GERMANTOWN EDUCATION COMMISSION TEACHER OF THE MONTH - DECEMBER 2022 The Germantown Education Commission is pleased to present the December 2022 Teacher of the Month award to IMs. Kate Greer, a first-grade teacher at Forest Hill Elementary School Known for her wisdom, patience and insight, Ms. Greer is a teacher leader at Forest Hil, where she can be relied on to jump into any role, She goes the extra mile by co-leading the schoo's Professional Leaming Committee (PLC) meetings and spends her summer breaks attending training to help her grow as an educator. “We feel so proud to have Ms. Greer as a member of our faculty here at Forest Hill Elementary School,” one nominator writes. In the classroom, she is a caring, solutions-oriented and student-focused presence. She goes above and beyond to connect with her students by incorporating their interests into her lessons. For example, she once used the points eamed in a Grizzlies game to teach 10s and 1s. She exudes enthusiasm and excitement and embodies a deep ‘commitment and dedication to helping her students reach their highest potentials Ms. Greer attends after-school programs and PTO events to support her students and the school. She wilingly collaborates with parents to ensure that all students in her class thrive academically and personally. Because of al her hard work, Ms. Greer was among other K-5 ELA teachers who were recognized by the GMSD Board of Education for achieving the highest scores of reading inthe state Kate Greer, please accept our appreciation for your commitment to our students and for fostering Excellence, Every day in our schools, Erinn Figg Community Engagement Coordinator GERMANTOWN FORWARD 2035, Communty Yate | Excellence in education KeyPetomence Awa | Education Sratege Objecve | #2. GMSD isthe top-perfarming school distct in Shelby Couny and ranks among the fp fv statewideAgenda No. To CITY OF GERMANTOWN ___ REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: December 12, 2022 FROM: Jason R, Huisman, City Administrator JO SUBJECT: GERMANTOWN EDUCATION COMMISSION YOUTH EXCELLENCE AWARD ~ DECEMBER 2022 ‘The Germantown Education Commission is pleased to present the December 2022 Youth Excellence Award to Malaika Kumar, a senior at Lausanne Collegiate School. Malaika is @ mode! student in Lausanne's Intemational Baccalaureate (IB) Diploma Programme, an internationally renowned program noted for its rigorous college preparatory coursework, Malaika has proven to be up to this ‘academic challenge from the very beginning, displaying tenacious work ethic, maturity, ingusitiveness and a posttve, joyful attitude, ‘One of the nominators for this award writes, “I remember times when Malaika amazed me with her creativity, excited ‘me with her love of writing, impressed me with her analysis of our texts and made our whole class roar with her sense of humor. Her strengths are vast but also full of depth as she never halfway does anything. This is one of her {greatest quaites - that she has s0 much passion for all she does.” Outside the classroom, Malaika is the definition of well-rounded, She is a talented singer and songwriter, spending much of her time developing those sklls. She also volunteers with the Wolf River Conservancy in working on environmental advocacy and pattcipates in multiple clubs at Lausanne, including the Student Government ‘Association. Additionally, Malaika is involved with National History Day and the Modem Music Masters TriM Honors Society, among others. “The zeal Malaika has for all she does is so apparent,” writes one nominator. "Malaika doesn't just love what she achieves - she loves even more what she learns along the way.” Whether i's theater, literature discussions or science labs, she never falls to put forth her full effort and excel Malaika Kumar, congratulations on being such a remarkable role model and please accept our appreciation for your ‘commitment to Excellence, Every day. Prepared by: Erinn Figg Resident Engagement Coordinator ‘GERMANTOWN FORWARD 2035 ‘Communiy ate | Excellence in education KeyPerernanoe Wea | Education ‘Statage Onjecive | #1, The Cty has a reputation for ifelong learning and continuous education that mets the needs ofall residentAgenda No. CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN: ] DATE: December 12, 2022 FROM: Jason R. Huleman, City Administrator JQ SUBJECT: PUBLIC HEARING - BEER PERMIT - ON-PREMISE APPLICATION ~ MHI - GERMANTOWN HI OPCO, LLC INTRODUCTION ‘The Board of Mayor and Aldermen will be sitting as the Beer Board. The City has received a request from MHI - Germantown HI OpCo, LLC for a permit to sell beer for on-premise consumption at Hampton Inn and Suites, located at 1680 S. Germantown Rd. BACKGROUND ‘A copy of the permit application is attached, along with copies of background searches of the applicants and the restaurant manager. According to these background searches, nothing has been found to discredit the applicants ‘ATTACHMENTS: Prepared by: 1 _| Beer Permit Application 2_| Applicant and Manager Background Search 3-_| Confirmation of Permitted Zoning 4 | Public Notice Michele Betty City Clerk Recorder PROPOSED MOTION G) To approve the request of MHI - Germantown HI OpCo, LLC for a permit to sell beer for on-premise consumption at Hampton Inn and Suites, located at 1680 S. Germantown Rd. BOARD ACTION: MOTION BY: SECONDED BY: VOTEMOTAL UELEKE MeCREERY_ | PALAZZOLO | YES | __NO__| ABSTAINAPPLICATION FOR A BEER PERMIT STATE OF TENNESSEE CITY OF GERMANTOWN Application for (check one): X ON-PREMISES PERMIT OFF-PREMISES PERMIT ON-PREMISES AND OFF-PREMISES PERMIT TEMPORARY PERMIT Event Date (s): MANUFACTURER'S OR DISTRIBUTOR’S PERMIT THE OWNER OF THE HEREIN NAMED BUSINESS (“APPLICANT”) HEREBY MAKES APPLICATION FOR A PERMIT TO SELL, STORE, MANUFACTURE FOR SALE, OR DISTRIBUTE BEER AUTHORIZED TO BE SOLD, STORED, MANUFACTURED FOR. SALE, OR DISTRIBUTED UNDER THE PROVISIONS OF T.C.A. § 57-5-101 ET SEQ. AND GERMANTOWN CODE § 3-71 ET SEQ., AND BASES THE APPLICATION UPON THE ANSWERS TO FOLLOWING QUESTIONS: 1. Full name of applicant (owner): MHI- Germantown Hl OpCo,LLC Individual__“ Firm (Partnership — General or limited), Joint-stock Company. Syndicate, Association ___ Othe 2, List the names and addresses of all persons or business entities having at least a five percent (5%) ownership interest in the applicant (attach additional sheet, if needed). LLCMTN Holdings LLC - 50%: M. Spence Ray - 25 Hotel investors LLC -25% 3. Ifa business entity owns at least a five percent (5%) ownership interest in the applicant, list the names and addresses of all owners having at least a five percent (5%) ownership interest in such business entity (attach additional sheet, if needed)Instructions for Answering Questions 4, 5, and 6 are as follows: @ ) © 2 10. i. If the applicant (owner of the business) is an individual, the questions pertain to such individual. If the applicant (owner of the business) is a business entity of any form, the questions, where applicable, pertain to all persons or business entities having at least a five percent (5%) ownership interest in the applicant. Attach separate sheet if necessary. ‘What is your full name and present home address? ‘Thomwood Hotel Investors, LLC. “1468 Kimbrough Road, Sue 103 Germantown, TNSBT3B Previous address(es) (within the last 10 years) 7700 Wolf River Boulevard, Sulte 103 ‘Geimantown, TN 38138 Date of birth N/A _____ Home telephone number N/A Business telophone number Email address Social Security Number N/A _ ‘Under what name will this business operate? Hampton Inn and Suites Location(s) of business by street address or other geographical description and phone number of the business(es): 1680 S. Germantown Rd intown, TN 38138; 901-308-0555 Specify the name, ttle, and address of the person to receive annual privilege tax notices and any other communications from the City: Mark M. Layne, President Give name and address of property owner where business is located, if other than applicant: emartown Neshoba Hot Parmer LLC, ATTN: MivkM. Layne” Will the permit be used to operate two (2) or more restaurants or other businesses within ‘the same building pursuant to the same permit, as permitted by Germantown Code § 3- 81(6(4)?‘Yes -NoX Ifo, specify number:_____, List the names of the restaurants or other businesses and describe their exact location (use additional sheet if necessary). A. Has any person having at least a five percent (5%) ownersbip interest in the applicant, or any owner of at least a five percent (5%) ownership interest in any business entity owning at least a five percent (5%) ownership interest in the appticant, or any person to be employed by the applicant in the distribution, sale, or manufacture for sale of beer at the location(s) shown in paragraphs 8 and/or 11 above, been convicted, within the past ten (10) years of any crime, whether felony or misdemeanor, involving misuse or abuse of alcohol or the illegal use of drugs, including, but not limited to, driving under the influence, public intoxication, as defined in T.C.A. § 39-17-310, disordetly conduct when it involves use of alcobol or the illegal use of drugs, and/or any violation of the laws against possession, sale, manufacture for sale, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale, or possession with intent to mamufacture, deliver, or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, of the Tennessee Code, and/or any erime involving ‘moral turpitude? INSTRUCTIONS for Answering Question 12.A: If no person or business entity owns at least a five percent (5%) ownership interest in the applicant, this question should be answered relative to the person(s) who will be the manager(s) of the applicant's business at the location. NOTE: Pursuant to the City’s beer ordinances, an applicant must, at all times, assure that any persons employed in the distribution, sale, or manufacture of beer bas not been convicted within the past ten (10) years of any crime involving misuse or abuse of alcobol, or the illegal use of drugs, and/or any crime involving moral turpitude, The City does not presently require background checks beyond those required by this epplication, but it reserves the right to do so; and the applicant must understand that if it employs, at any time, a person who will distribute, sell, or manufacture beer and that person is found by the City to have been convicted of such a crime within the specified time period, such could be found by the beer board to be a violation by the applicant of the City’s beer ordinances and handled socordingly. Yes, NoX _ If $0, identify the person(s) and give the particulars of each charge, court, and date of conviction.Instructions for Answering Questions 4, 5, and 6 are as follows: @ ) © 10, ML. If the applicant (owner of the business) is an individual, the questions pertain to such individual. If the applicant (owner of the business) is a business entity of any form, the questions, where applicable, pertain to all persons or business entities having at least a five percent (5%) ownership interest in the applicant. Attach separate sheet if necessary. WM Specce oy lili M. Spence Ray: Previous address(es) (within the last 10 years) Ns _ Date of birth MM Home telephone number Business telephone number (i Email address Social Security Number ‘Under what name will this business operate? F Location(s) of business by street address ot other geographical description and phone ‘number of the business(es): 1680 5. Germantown Rd, Germantown, TN 381 Specify the name, title, and address of the person to receive annual privilege tax notices and any other communications from the City: Mark M. Layne, President ie a Give name and address of property owner where business is located, if other than applicant; Garmentown Neshoba Hotel Partners, LLC, ATTN: Mark M. Layne Will the permit be used to operate two (2) or more restaurants or other businesses within the same building pursuant to the same permit, as permitted by Germantown Code § 3- 81((4)?12, Yes___NoX. If so, specify number: . List the names of the restaurants or other businesses and describe their exact location (use additional sheet if necessary). A Has any person having at least a five percent (5%) ownership interest in the applicant, or any owner of at least a five percent (5%) ownership interest in any business entity owning at least a five percent (5%) ownership interest in the applicant, or any person to be employed by the applicant in the distribution, sale, or ‘manufacture for sale of beer at the location(s) shown in paragraphs 8 and/or 11 above, been convicted, within the past ten (10) years of any crime, whether felony or misdemeanor, involving misuse or abuse of alcohol or the illegal use of drugs, including, but not limited to, driving under the influence, public intoxication, as defined in T.C.A. § 39-17-310, disorderly conduct when it involves use of alcohol or the illegal use of drugs, and/or any violation of the laws against possession, sale, manufacture for sale, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale, or possession with intent to manufacture, deliver, o sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, of the Tennessee Code, and/or any crime involving ‘moral turpitude? INSTRUCTIONS for Answering Question 12.A: If no person or business entity owns at least a five percent (5%) ownership interest in the applicant, this question should be answered relative to the person(s) who will be the manager(s) of the applicant's business at the location. NOTE: Pursuant t the Cily's becr ordinances, an applicant must, at all times, assure that any persons employed in the distribution, sale, or manufacture of beer has not been convicted within the past ten (10) years of any crime involving misuse or abuse of alcohol, or the illegal use of drugs, and/or any crime involving moral turpitude. The City does not presently require background checks beyond those required by this application, ‘but it reserves the right to do so; and the applicant must understand that if it employs, at any time, a person who will distribute, sell, or manufacture beer and that person is found by the City to have been convicted of such a crime within the specified time period, such could be found by the beer board to be a violation by the applicant of the City's beer ordinances and handled accordingly. Yes. Nox If so, identify the person(s) and give the particulars of each charge, court, and date of conviction.13, 4, 15. B. Identify the name, residence addresses for the last ten (10) years, and Social ‘Security number of any person(s) identified in the response to paragraph 12.4. Has the applicant ever had a beer permit revoked, suspended, or denied in any Jurisdiction, including the City? Yes___No X___. If so, provide specific ‘details relating thereto, including where, when, and why such revocation, suspension, o denial occurred. fas the applicant been a citizen or lawful resident of the United States for not less than cone (1) year prior to the date of this application? A person who willfully makes a false, fictitious or fraudulent statement or representation of United States citizenship may be prosecuted under 18 U.S.C. § 911 and/or the False Claims Act. T.C.A. §§4-18-101, er seq. YesX No. Ifthe applicant is a business entity, have all owners having at least a 5% ownership interest in such business entity, been citizens or Inwful residents of the United States for not less than ongager, prigg to this application? ‘Signature W/, “ Print M. Spence Ray __YesX_No__ A criminal background check, with a search scope of ten years and a search date of no more than 30 days old, is required for any person having at least a five percent (5%) ‘ownership interest in the applicant, any owner of at least five percent (59%) ownership interest in any business entity owning at least a five percent (5%) ownership interest in the applicant, or the manager to be employed by the applicant in the distribution, sale, or manufacture for sale of beer if no person or entity owns at least a five percent (5%) ownership interest in the applicant, The 1 background must consist of the following: + A-county criminal background check in each county the applicant has lived within the last ten years, and. + A ten-year Nationwide Criminal Database search. ‘The background check firm must come from the Accredited Directory found on the Professional Background Sereening Association (PBSA) website hutpsvémember.shepbse.ons:membershinsvagcredited-firms-directoey ‘A local accredited company is Blueline investigations, located in Bartlett, TN.Instructions for Answering Questions 4, 5, and 6 are as follows: @) ®) © If the applicant (owner of the business) fs an individual, the questions pertain to such individual, If tho applicant (owner of the business) is = business entity of any form, the questions, where applicable, pertain to all persons or business entities having at least a five percent (8%) ownership interest in the applicant, Attach separato sheet if necessary. "Mtge thom Date of ith I _ Home telephone nn Business telephone number ‘Email address Social Seourty Number ‘Under what name wil this business operate? Hampton inn and Subs Location(s) of business by street address or other geographical desori tion and phone nner of ie bushasa(ed tos Sommeusurned See Sea ee ‘Specify the name, title, and addres: of the person to receive annual privilege tax notices and any other communications from the Cit _Mark M, Layne, President Give and address of | owner where business is | if other than See i Rem eT Benen ste ot 1468 Kimbrough R¢.. Ste, 103. Germantown, TIN 38138 ‘Will the permit be used to operate two (2) or more restaurants or other businesses within ercne ullding pursuant to the same permit, ss permited by Germantown Cade § 3- 81(C}(4)?12, ‘Yes_____NoX. Ifs0, specify number. List the names of the restaurants or other businesses and describe their exact location (use additional eheet if necessary). ‘A. Has any person having at least a five percent (5%) ownership interest in the ‘applicant, or any owner of at least a five percent (5%) ownership interest in any Dusiness entity owning at least a five percent (5%) ownership interest in the applicant, or any person to be employed by the applicant in the distribution, sale, or manufacture for sale of beer at the location(s) shown in paragraphs 8 and/or 11 above, been convicted, within the past ten (10) years of any crime, whether felony or misdemeanor, involving misuse. or abuse of alcohol or the illegal use of drugs, including, but not limited to, driving under the influence, public intoxication, as defined in T.C.A. § 39-17-310, disorderly conduct when it involves use of alcohol fr the illegal use of drugs, and/or any violation of the laws against possession, sale, manufacture for sale, or transportation of beer or other alcoholic beverages, o¢ the ‘manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, of the Tennessee Code, and/or any crime involving ‘moral turpitude? INSTRUCTIONS for Answering Question 12.A: If no person or business entity ‘owns at least a five percent (5%) ownership interest in the applicant, this question should be answered relative to the person(s) who will be the manager(s) of the applicant's business at the location. NOTE: Pursuant to the City’s beer ordinances, an applicant must, at all times, assure that any persons employed in the distribution, sale, or manufacture of beer has not been convicted within the past ten (10) years of any crime involving misuse or abuse of alcobol, or the illegal use of drugs, and/or any crime involving moral turpitude. The City docs not presently require background checks beyond those required by this application, but it reserves the right to do so; and the applicant must understand that if it employs, at any time, a pérson who will distcibute, sell, of manufacture beer and that person is found by the City to have been canvicted of such a crime within the specified timé period, such could be found by the beer board to be « violation by the applicant of the City’s beer ordinances and handled accordingly. ‘Yes, Nox. If so, identify the person(s) and give the particulars of each charge, court, and dete of13, 4, 15. 16, B. Identify the name, residence addresses for the last ten (10) years, and Social Security mumber of any person(s) identiied inthe response to peragraph 12.A. Hai the applicant ever hed a beer permit revoked, suspended, or denied in any Jurisdiction, including the City? Yes___No Hf 80, provide specific details relating thereto, including where, when, and Why such revocation, suspension, or ental ocourred. ‘Has the applicant been a citizen or lawful resident of the United States for not less than ‘one (1) yeas prior to the date of this application? A person who willfully makes a false, tious or fraudulent statement or representation of United Sistes citizenship may be prosecuted under 18 U.S.C. § 911 and/or the False Claims Act, T.C.A, §§4-18-101, ef seq. YesX___ No Ifthe applicant isa business entity, have all owners having atleast 8 5% ownership interest in such business entity, been citizens or lawful residents of the United States for not les than one year, prio this application? Signanwe theo 7 Soden PrintWiliam H. Latimer YegX _No__ A criminal backgrouéld cheek, with a search scope of ten years and a search date of no more then 30 days old, is required for any person having at least a five percent (5%) ownership interest in the applicant, any owner of at lcast five percent (5%) ownership interest in any business entity owning atleast s five percent (5%) ownership interest in the spplicant, or the manager to be employed by the applicant in the distribution, sale, or ‘manufacture for sale of beer if no person or entity owas at feast a five percent (59%) gwaership Interest in the applicant, The criminal background must const of the lowing: + A county criminal background check in each county the applicant has lived within the last ten years, and * A ten-year Nationwide Criminal Database search, ‘The background check firm must come from the Accredited Directory found on the Professional Background Screening Association (PBSA) website ‘Atoclacredted company is Blin Investgnons, located Batt, TN. hicne Lrrice Ml ion H siemuxe A Mogan Lt an 2 Mon H Lote oieInstructions for Answering Questions 4, 5, and 6 are as follows: ® © © If the appticant (owner of the business) is an individual, the questions pertain to such individaal, spplicant (owner of the business) is a business entity of any form, the ‘questions, where applicable, pertain to all persons or business entities having at least a five percent (5%) ownership interest in the applicant. ‘Attach separate sheet if necessary. ‘What is your full name and present home address? PO ——a Business telephone number] Email address Social Security Nonber ‘Under what name will this business operate? Hampton tin end Suites. _ Location(s) of business by street address or other geographical description and phone ‘number of the businens(es); 1980 8. Germantown Roed Germantown, TN $8188 (001) 308-0555 Specify the name, title, and address of the person to receive antual privilege tax,notices "aa ae pe a Brsaideot iene ane RRS Sb atl Panes, Lee oe ATTN: Mark M. Layne, 1468 Kimbrough Rd., Ste. 103, Germantown, TN 38138 Will the permit be used to operate two (2) or more restaurants or other businesses within the ane bldg puman fo th ame perm, pein by Gemariwn Cove § 2 B10 KA)?12, Yes__..NoX__._ Ifso, specify number:___.. List the names of the restaurants or other businesses and describe their exact location (use additional sheet if nevessary). ‘A. Hos any person having at least » five percent (5%) ownership interest in the applicant, or any owner of at least a five percent (5%) ownership interest in any business ‘entity owning at least a five percent (5%) ownership interest in the applicant, or any person to be employed by the applicant in the distribution, sale, or ‘manufacture for sale of beer at the location(s) shown in paragraphs 8 and/or 11 above, been convicted, within the past ten (10) years of any crime, whether felony or misdemeanor, involving misuse or abuse of alcohol or the illegal use of drugs, inckading, but not limited to, driving under the influence, public intoxication, as defined in T.C.A. § 39-17-310, disorderly conduct when it involves use of aleohol or the illegal use of drugs, and/or any violation of the laws against possession, sale, manufacture for sale, or transportation of beer or other alcoholic beverages, o the ‘manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, of the Tennessee Code, and/or any crime involving ‘moral turpitude? INSTRUCTIONS for Answering Question 12.A: If no person or business entity ‘owns at least a five percent (5%) ownership interest in the applicant, this question should be answered relative to the person(s) who will be the manager(s) of the applicant’s business at the location. NOTE: Pursuant to the City’s beer ordinances, an applicant must, at all times, assure that any persons employed in the distribution, sale, or manufacture of beer has not been convicted within the ppast ten (10) years of any crime involving misuse or sbuse of alcohol, or the illegal use of drugs, and/or any crime involving moral turpitude, The City does not presently require background checks beyond those required by this application, but it reserves the right to do so; and the applicant must understand that if it employs, at any time, 2 person who will distribute, sell, or manufacture beer and that person is found by the City to have been convicted of such a crime within the specified tims period, such could be found by the beer board to be @ violation by the applicant of the City’s beer ordinances and handled accordingly. Yes____NoX.___ If so, identify the person(s) and give the particulars of each charge, court, and date of conviction.B, Identify the name, residence addresses for tho last ton (10) years, and Social ‘Security number of any person(s) identified in the response to paragraph 12.A. Has the applicant ever had a beer permit revoked, suspended, or denied in any jurisdiction, including the City? Yes___No X___. If 0, provide specific details relating thereto, including where, when, and why such revocation, suspension, ot His the epplicant been a citizen or lawful resident of the United States for not less than cone (I) year prior 10 the date of thi epplication? A person who willfully makes a false, fictitious or fraudulent statement or ‘of United States citizenship may be prosecuted under 18 U.S.C. § 911 ‘and/or the False Claims Act, T.C.A. §§4-18-101, ef eq. YesX__No. Ifthe applicant is a businéss entity, havo all owners having at least a 5% ownership interest in such business entity, been citizens or lawful residents ofthe United States for not less than one year, prior to this spplication? Signature | cul 7 Loweye Print Mark M. Li YeaX _No, TA coh Peccpe ram tak M. Layne Yea _No__ A check, with a search scope of ten years and a search date af no + Accounty criminal background check in each county the applicant has lived within the last ten years, and + A temyear Nationwide Criminal Detabase search, ‘The background check firm must come from the Accredited Directory found on the Professional Background Screening Association (PBSA) website ‘A local accredited company is Blueline Investigations, located in Bartlett, TN. signe JY IM cxdage Prin Mork barge ¥eI (the applicant or, if a business entity, a duly authorized representative of the applicant) am knowledgeable of the laws, both state and local, prohibiting the sale of beer to minors, and represent that no sales in contravention of said laws shall be made by applicant. I am also aware that a beer permit shall not be issued or may be revoked if the applicant's business and/or its location causes traffic congestion or interferes with schools, churches, or other places of public gathering, or otherwise interferes with public health and safety, the City Beer Board having the right to forbid the sale, storage, distribution, or manufacture for sale of beer on the foregoing grounds. It is understood and agreed that applicant must amend or supplement the information provided herein if any change in circumstances affects the responses provided. It is also understood and agreed that, in the event applicant makes a false statement in this application, applicant’s permit shall be forfeited, and the applicant shall not be eligible to receive a beer permit from the City for a period of ten (10) years. Thereby certify that the City provided to me a copy of the City of Germantown Beer Ordinance, which I have read and am familiar with, and that the information provided herein is correct and accurate to the best of my knowledge, information, and belief. Nao ‘Signature of Applicant/Owner (or Authorized Representative) M. Spence Ray, Partner Printed Name of Signatory No: f a My Commission Expires: Slides Notary SealOn site Menage creaton Dee: 1272022 28.06 BLUE LINE INVESTIGATIONS [YU] ‘6025 Stage Road, Sulte 42-146 @ Bartlet, Tennessee 38134 (001 266-7100 9 Fax: gon 266-7121 ELS EES Report Prepared For: Dickinson Wright PLLC Customer Request Information: ‘Additional Names Searched: Subject Name: GREGORY SCOTT KENT '* No Additional Names Checked Subject Date of Birth: IN Subject Social Security Number Blue Line Investigations Order Summary and Status County Level Criminal Backaround Checks; sna Database Searc-Natonue - Rest Recelved '© Shey County, Tennessee - Result Received ‘© Futon County, Georgia - Result Rocolved Blue Line Investigations Search Results as of: 11/22/2022 9:26:04 AM ‘Search ype: Criminal Database Search - Nationwide Seorch 0: ‘Search Jurscition: Criminal Database Search - Nationwide ‘Search Result: CONVICTIONS: NO RECORDS FOUND Search Scope: 10 Years ‘Search type: Felony and Misdemeanor Search 10: ‘Search Jurisdiction: Shelby County, Tenness: ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years Search type: Felony and Misdemeanor Search 10: ‘Search Jurisdiction: Fulton County, Georgia Search Result: CONVICTIONS: NO RECORDS FOUND Search Scope: 10 Years Search Reported By Kris. BLUE LINE INVESTIGATATIONS USE ONLY Phone: 616-620-1715 Fax: 044-670-6000 ‘End Report: GREGORY SCOTT KENTom: ois BLUE LINE INVESTIGATIONS ° * mi (6005 Stage Rone, Suite 42-146 @ Bartlett, Tennessee 38134 , GE % NE (801) 266-7100 © Fax: (901) 266-7121 Report Prepared For: Dickinson Wright PLLC Customer Request Information: ‘Additional Names Searched: Subject Name: SPENCE RAY '¢ No Additional Names Checked Subject Date of Birth: J ‘Subject Social Security Number Peay Blue Line Investigations Order Summary and Status County Level Criminal Background Ghacks: “tims! Dsabece Seach Nationa Recut Receved ‘¢ Shey County, Tennessee - Result Received Blue Line Investigations Search Results as of: 10/26/2022 7:38:25 AM Search type: Felony and Misdemeanor seach 0: Search Jurisdiction: Shelby County, Tennessee ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years ‘Search type: Criminal Database Search - Nationwide Scorch 0: IN ‘Search Jurisdiction: Criminal Database Search - Nationwide ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years ‘Search Reported By: Kris BLUE LINE INVESTIGATATIONS USE ONLY Phone: 6164620-1715, Fox 44570-5005 {End Report SPENCE RAYCretn ue: Ysc22 73205 BLUE LINE INVESTIGATIONS ons Stage Road, Suit 42-146 © Bartet,Tenneste 38134 (601) 266.7100 « Fax: 01) 266.7101, ERE A Report Prepared For: Dickinson Wright PLLC Customer Request Information: Additional Names Searched: Subject Name: MARK LAYNE @ No Additional Names Checked Subject Date of Birth: IN Subject Social Security Number: Blue Line Investigations Order Summary and Status County Level Criminal Background Checks: CCtminal Database Search - Nalonwide- Result Received ‘© Maciaon County, Tennessee - Result Received Blue Line Investigations Search Results as of: 12/5/2022 7:32:05 AM Search type: Felony and Misdemeanor Search 10: am ‘Search Jurisdiction: Madison County, Tennessee ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years ‘Search type: Criminal Database Search - Nationwide Search 1: Sa ‘Search Jurisdiction: Criminal Database Search - Nationwide Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years Search Reported By. Kris __ BLUE LINE INVESTIGATATIONS USE ONLY Phone: 615-620-1715, Fax: 044-670-6009 Soh | End Report: MARK LAYNEGroafon Date: 22822 72040 AM BLUE LINE INVESTIGATIONS ‘6025 Stage Road, Suite 42-146 © Bartlet, Tennessee 38134 007)266-7100 © Fax: (01266-7101 Report Prepared For: Dickinson Wright PLLC Customer Request Information: Additional Names Searched: Subject Name: WILLILAM LATIMER © No Additions! Names Checked Subject Date of Birth: ‘Subject Social Security Number: Blue Line Investigations Order Summary and Status County Level Criminal Backaround Checks: rn DatabateSeereh-Nateowi- Reel Resived © bien Counly, Tennessee - Result Received Blue Line Investigations Search Results as of: 12/5/2022 7:30:49 AM Search type: Criminal Database Search - Nationwide Search 10: Search Jurisdiction: Criminal Database Search - Nationwide ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years Search type: Felony and Misdemeanor Search 10: ‘Search Jurisdiction: Oblon County, Tennessee ‘Search Result: CONVICTIONS: NO RECORDS FOUND ‘Search Scope: 10 Years Search Reported By. Kris BLUE LINE INVESTIGATATIONS USE ONLY Phone: 616-620-1715 Fax 544.670.5000 Search 1] cal Fret Roport WILLILAM LATIMERBetty, Michele Re: Confirmation of Permitted Zoning 1 message Pounder, Sheila Tue, Dec 8, 2022 at 12:01 PM To: "Betty, Michele" In response to your email, Hampton Inn at 1680 S, Germantown Road in the Thomwood PD is located in the TS zoning district, which permits on-premise beer sales. Regards, ‘Sheila Pounder, CNU-A CPM Assistant Director Department of Economic + Community Development (901) 751-5681 spounder@germantown-tn.gov ‘www.germantown-tn.gov (On Mon, Dec 5, 2022 at 2:54 PM Betty, Michele wrote: SP: Would you please confirm that 1680 S. Germantown Rd, (Hampton Inn) Is zoned for on premise beer sales? Thank you, Michele Betty, CMC. City Clerk/Recorder 901.757.7251 wwwgermantown-tn.gov City of Germantown - Excellence. Every Day This message, including attachments, may contain information that is confidential, proprietary, privileged or otherwise legally exempt from disclosure. If you are not the intended recipient and have received this message in error, please notify the sender immediately by email, refrain from disseminating, printing or copying the message and permanently delete all copies of the message.Gearon Nes Sey Sun Tne CITY OF GERMANTOWN PUBLIC HEARING NOTICE * DECEMBER 12, 2022 ‘the City of 1s in receipt of @ request for 2. ‘MHI Germantown, eee be reine commpnon Top nd So aca "Abed ‘the Board of Mayor and Aldermen, sitting as a Beer Board, at a : sone Mostngon Mondo Decnber 2 30a Aayoe is lis er emo ved atend "The City of isin compliance with the American with Disabilities Act. ui please call 757-7295 at least 24 houts in advance of the meeting. 23 Watch out for overspending ‘reful budget that you have set in 10 wise to leave a credit card at w days. Stor. {3/Oec 21 Plenty of good vibes are | |Agenda No. q a@ CITY OF GERMANTOWN Ee REPORT TO THE BOARD OF MAYOR AND ALDERMEN, DATE: December 12, 2022 FROM: Jason R. Huisman, City Administrator TY SUBJECT; CONSULTING SERVICES AGREEMENT - SENIOR ADULT RECREATIONIEDUCATION PROGRAMS AND SERVICE NEEDS ASSESSMENT - PHASE | INTRODUCTION The purpose of this agenda item is to request authorization of an agreement with PROS Consulting, Inc. for professional consulting services to conduct Phase | of the Senior Adult Recreation/Education Programs and Services Needs Assessment in the amount of $29,459.00. BACKGROUND The Parks and Recreation Department manages and operates a range of parks, facilities and amenities offering recreational opportunities for people of all ages and abilities. A significant aspect of the departments offerings is senior programs and services under the umbrella ofthe Recreation Division. The program consists of a multipurpose space at the Pickering Center providing a variety of programming and services aimed at meeting the needs of seniors in Germantown. Also used for senior programming include park amenities such as the Germantown Greenway, tennisipickleball courts, disc golf course, croquet courts and the community garden at the Bobby Lanier Farm Park ‘Senior residents in Germantown have indicated a desire for improved/expanded senior programs and services. In addition, the Parks and Recreation Department would like to ensure that existing senior programs and services are maintained, managed and enhanced in alignment with best practices, industry trends, emerging needs and community goals. With the need for improved senior programs and services and enhancement of existing services, the City planned and budgeted to procure a consultant to perform a senior needs assessment, ‘The senior needs assessment will provide a comprehensive understanding of community-wide needs and identify the extent to which the current and anticipated future needs of seniors are being met. The assessment will also include recommendations for senior programming, services and facilities. It wil specifically evaluate the Pickering Center {acity in order to ascertain if this space could be designated as the primary space for fuling senior programming and services. Ulimately, this assessment will provide the City with reliable data for making senior programmatic decisions and allocating resources. DISCUSSION ‘An RFP was issued and publicly advertised for a consulting fim to provide the City with a senior needs assessment ‘on September 13, 2022 through vendor registry, the City's website, witha release notification also being sent by the City's vendor e-notfcation system to 1,481 vendors. One vendor, PROS Consulting, Inc. provided a proposal by the deadline on October 4, 2022 of $69,490.00. An evaluation team consisting of Parks & Recreation and Procurement staff reviewed the proposal and interviewed the vendor in order to further review technical specifications, ‘ualffcations, quality and experience and found the vendor to be acceptable for the project. The team had several ‘additional meetings in order to negotiate cost, clarify expectations and ensure that all information could be verified by the vendor.CONSULTING SERVICES AGREEMENT ~ SENIOR ADULT RECREATION/EDUCATION PROGRAMS AND SERVICE NEEDS ASSESSMENT - PHASE | December 12, 2022 The cost proposal in the amount of $59,490.00 exceeds the FY23 budgeted amount of $30,000.00; therefore, this request identifies a phased approach for conducting this comprehensive senior needs assessment. Phase | will include data collection and review, demographic and trends analysis, gap assessment, Key leadership/focus group interviews and the needs analysis survey. Phase il wil be dedicated to the senior program assessment, facility assessment, the implementation plan and the senior needs assessment development. Staff will request funding in the amount of $40,031.00 to be submitted in the FY24 budget to complete Phase il ofthe project. PROS Consulting, In. has a muit-dsciplinary team of qualified professionals to lead and facilitate all aspects of this comprehensive needs assessment. The qualifications submittal document provided to the evaluation team demonstrated their ability to produce a high-quality program and service needs assessment that will create a seamless transition between Phase | and Phase Il of this project. Page | 2CONSULTING SERVICES AGREEMENT ~ SENIOR ADULT RECREATION/EDUCATION PROGRAMS AND SERVICE NEEDS ASSESSMENT ~ PHASE | December 12, 2022 GERMANTOWN FORWARD 2035 CConminty Vaue | Innovation, creativity and continuous improvement oy Poremence Ava | Quality of Life Strategic Object | 3. Inclusive, top-quality recreation, cultural ats, entrainment an ifefong leaning opportunites, BUDGET AND STAFFING IMPACT ine Department Line tem Buiget Recommended Fund tine em or Project # Description Balance Expenditure General | 010-4010-440.2540 | Parks & Rec | Professional Services | $30,000.00 | $28,469.00 ‘Additonal Staff wil request funding in the amount of $40,030 tobe submited in the FY24 budge to completo Phase Budget Notes ofthe project. [ATTACHMENTS oe Prepared by: 7 Fs mein te Natale Ruin Pats end Resin Dre a Reviewed =a) Cathryn Perdue: Procurement and Risk Director ‘atenne Royals | Budget and Finance Director PROPOSED MOTION(S), RESOLUTION(S), OTHER ACTION To authorize an agreement with PROS Consulting, nc. for professional consulting services to conduct Phase | of a Senior Adult Recreation/Education Programs and Services Needs Assessment in the amount of $29,459.00. BOARD ACTION: MOTION BY: ‘SECONDED BY: \VOTE/TOTAL [SANDERS GIBSON, RICKS. UELEKE McCREERY | PALAZZOLO] Yes No. “|CONSULTING SERVICES AGREEMENT THIS PROFESSIONAL CONSULTING SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 12th day of December 2022 by and between the CITY OF GERMANTOWN, TENNESSEE, a Tennessee municipal corporation, (herein the “CITY") and PROS CONSULTING, INC., a Tennessee corporation (herein the ‘CONSULTANT). w WHEREAS, the CITY desires to retain the services of a professional consultant to advise and assist the CITY in connection with the CITY'S Senior Adult Recreation/Education Programs and Services Needs Assessment; WHEREAS, the CONSULTANT has the requisite experience, abilities and resources to perform andior furnish the foregoing; WHEREAS, the CONSULTANT has submitted a proposal forthe aforesaid work dated November 30, 2022 attached hereto and made a part hereof as Exhibit A (herein the “Proposal’) and WHEREAS, the CONSULTANT desires to enter nto this Agreement as an independent contractor and is ready, wiling and able to provide the services in accordance with the terms of and subject to the conditions in this Agreement, NOW, THEREFORE, for good and valuable consideration, received or to be received, the sufficiency of which the parties acknowledge, the parties agree as folows: 1.00 SCOPE OF AGREEMENT The CONSULTANT shall perform those “Services” enumerated in the Proposal which is attached hereto as Exhibit A and incorporated by reference herein. The CITY shall pay the CONSULTANT in accordance wit the terms ofthe Proposal.. Unless otherwise specified herein, the CONSULTANT isto furnish all materials, manpower, and consumables necessary to complete the Projact. If so spectid inthe Proposal, the CITY shall also perform services and provide materials in accordance with the terms ofthe Proposal. The CONSULTANT agrees to attend all conferences and meetings related to the Project to be held at the request ofthe CITY and as specified in Exhibit A. 2.00 CONTROL AND PAYMENT OF CONSULTANT'S PERSONNEL 201 The CONSULTANT certifes that it presently employs, and shall continue to employ throughout the term of this Agreement, adequate qualified personnel for the performance of the services contemplated under this Agreement 2.02 The CITY retains a Consultant on an independent basis. CONSULTANT is not an employee of the CITY. The personnel performing the Services under this agreement on behalf of CONSULTANT shall at all times be under CONSULTANTS'S exclusive direction and control CONSULTANT shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this agreement and required by law. CONSULTANT shall be responsible for all reports and obligations respecting such personnel. Including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workman’s compensation insurance.3.00 STANDARD OF CARE: LICENSES CONSULTANT represents and maintains that they are skiled in the technical calling necessary to perform all Services, duties and obligations required by this Agreement. CONSULTANT shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Tennessee. CONSULTANT further represents and warrants tothe City that i has all icenses, permits, quaifications and approvals of whatever nature are legally required to practice its profession. CONSULTANT further represents that it shall keep all such licenses and approvals in effect during the Term ofthis Agreement. 9.00 SERVICES All services provided by CONSULTANT for this Project shall: () conform to all applicable standards of care and practice in effect at the time the service is performed; (i) be of the highest quality, and (ii) be free from all faults, defects or errors. ‘Throughout the Project, the CONSULTANT shall request and the CITY shall provide conferences to assure that the CONSULTANT'S work is being done in a satisfactory manner and in accordance with the desires of the CITY. Its understood that time is of the essence in the performance and completion of the CONSULTANT'S work. Itis agreed that no extension of time will be valid without the CITY'S prior witen consent and no such consent should be assumed Without limiting the CITY'S rights or remedies for the CONSULTANT'S default or delay, the CITY may withhold payment or decline to make payment to the CONSULTANT of all or any portion of the CONSULTANT'S fee or reimbursable expense whenever, in the CITY'S absolute discretion, the CONSULTANT'S work is defective or inadequate, or reasonable evidence exists that the CONSULTANT'S work will nat be completed within the time schedule set fort in this Agreement, or the CONSULTANT has other wise filed or refused to comply with its obligations tothe CITY. 4,00 ADDITIONAL SERVICES At any time during the term of this Agreement, CITY may request CONSULTANT to perform additional services not covered by this Agreement. As used herein, “Additional Services’ means any services, which are determined the CITY to be necessary for the project, but which parties did not reasonably anticipate would be necessary when this Agreement was made. CONSULTANT shall not perform Additional Services until receiving writen authorization ftom the CITY. The CONSULTANT shall perform such Additonal Services after the CITY and the CONSULTANT enter into an equitable agreement regarding the Additional Services. 5.00 NOTICE TO PROCEED ‘The CONSULTANT shall commence to perform and/or furnish the consulting services called for under this Agreement upon the written Notice to Proceed issued by the CITY. 6.00 COMPENSATION AND PAYMENT ‘The CONSULTANT agrees to provide services , as specified in its proposal to the CITY at the cost specified in said proposal and amendments, if any, the proposal and any amendments thereto being attached hereto as Exhibit "A" and incorporated by reference herein and made a part hereof. Any prices specified in this AGREEMENT or an Addendum thereto will remain in effect forthe term ofthis Agreement or any extensions thereof.7.00 REIMBURSEMENT FOR EXPENSES ‘The CONSULTANT shall not be reimbursed for any expenses, unless such expenses either are authorized in accordance with the Proposal or are authorized in wring by the CITY before the CONSULTANT incurs any such expenses. 8.00 CLAIMS, LIABILITY AND INDEMNITY The CONSULTANT shall assume all risk in connection with the performance of this Agreement, and shall be liable for any damages to persons or property resulting from the negligent or wilful acts, errors or omissions of the CONSULTANT, its agents, servants, and/or employees in connection with the prosecution and completion of the work covered by this Agreement. The CONSULTANT agrees that it will indemnity and hold the CITY and its employees harmless from all claims of any type and for any expenses and costs, including attorney's fees and court costs which may be incurred by the CITY, arising from the negligent or witful acts, errors, or omissions of the CONSULTANT, its agents, servants and/or employees in the performance of this Agreement, and the CONSULTANT will carry sufficient general abilty insurance and errors and omissions insurance to provide the above indemnification in no less than the amounts stated herein. The CONSULTANT, at its own expense, shall keep in force and at all mes maintain during the term of this Agreement Comprehensive General Liability Insurance issued by a responsible insurance company and in a form acceptable to the CITY, coverage for the CONSULTANT in an occurrence basis against claims for bodily injury, death or property damage with combined single limits of not less than One Mion Dollars ($1,000,000) for Bodily Injury and Property Damage. The CONSULTANT, at its own expense, shall keep in force and at all times maintain during the term of this Agreement Professional Liabilty Coverage in the amount not less than One Millon Dollars ($1,000,000) for errors and omissions damages. The CONSULTANT shall provide the CITY with Certificates of Insurance on such policies in forms acceptable to the CITY, which Certificates will be furnished to the CITY upon execution of this agreement. The indemnities set forth herein shall survive the expiration or termination of this Agreement. 9.00 TERMINATION Upon thirty (30) days written notice, with or without cause, the CITY may terminate this Agreement. Following such termination, the CITY and the CONSULTANT shall agree upon an estimate of the percentage of completion of the CONSULTANT'S services rendered hereunder as of the date of such ‘notice is given, The CITY shall pay the CONSULTANT a pro rata fee based upon the agreed estimated percentage of completion of CONSULTANT'S services rendered hereunder. 10.00 DISCONTINUATION OF SERVICES Upon receipt of written Notice of Termination, CONSULTANT shall immediately discontinue all affected Services, unless otherwise directed by the Notice, and delver to the CITY all data, estimates, graphs, summaries, reports and other related materials as may have been prepared or accumulated by CONSULTANT in performance of Services, whether completed or in progress. 11.00 TRANSFER, ASSIGNMENT OR SUBLETTING This Agreement shall not be transferred or assigned or sublet without prior written consent of the crry.12.00 CONFIDENTIALITY OF PERSONAL MATTERS: CONSULTANT hereby covenants and agrees not to, at any ime during the provision of Services under this Agreement or following the conclusion thereof, disclose any confidential information relating to the CITY's affairs to any person or entity, other than authorized CITY officials , unless such disclosure is authorized by the City Administrator, in witing, prior to the disclosure. CONSULTANT hereby covenants and agrees not to use or permit any person to use such confidential information tothe detriment of the City or for the benefit of any person or entity, unless such use is authorized by the City Administrator, in writing, prior to use, CONSULTANT agrees to indemnify and hold harmless the CITY on account of any loss, damage, or claim that may result due to the failure of the CONSULTANT fo maintain the confidentiality of the information provided pursuant to this Agreement. 13.00 ATTORNEY'S FEES {If any legal action or other proceeding is brought for the enforcement of this Agreement or because of any alleged dispute, breach, default, or misrepresentation in connection with any provisions of the Agreement and the CITY is successful therein, the CITY shall be entitled to recover from the CONSULTANT reasonable attorney's fees, court costs and all expenses even if not taxable or assessable a court costs (including, without limitation, all such fees, costs and expenses incident to appeal) incurred in that action or proceeding in addition to any other relief to which the CITY may be entitled, 14.00 EQUAL EMPLOYMENT OPPORTUNITY 14.01. Non-discrimination. In carying out the work under this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin or sex. The CONSULTANT shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin or sex. Such action shall include, but not be limited to, the following: employing; upgrading; demoting; transferring; recruiting or paying recruitment compensation; and selecting for training, including apprenticeships, 14.02. Posting and Advertising, The CONSULTANT agrees to post in conspicuous spaces available to employees and applicants for employment a notice, seting forth the provisions of the non- discrimination clause contained in Paragraph 14,01 hereinabove. The CONSULTANT shal, in all solicitations or advertisements for employees placed by, or on behalf of, the CONSULTANT, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, national origin or sex. The CONSULTANT shall incorporate the foregoing requirements of this Paragraph 14.02 in all subcontracts, if any, for services covered by this Agreement. 15.00 CONFLICT OF INTEREST (2) The CONSULTANT declares that neither the Mayor, nor any Aldermen, nor any other CITY offcial or employee holds a director indirect interest in tis Agreement. The CONSULTANT pledges that it wll notify the CITY in writing should any CITY official become either directly or indirectly interested in this Agreement. The CONSULTANT declares that as ofthe date of this deciaation that it has not given or donated or promised to give or donate, either directly or indirectly, to any official or employee of the CITY, or to pay anyone else for the benefit of any official or employee of the CITY any sum of money or other thing of value for aid or assistance in obtaining this Agreement. The CONSULTANT further pledges that neither it nor any ofits owners, officers or employees will give or donate or promise to give or donate,directly or indirectly, to any official or employee of the CITY or anyone else for the benefit thereof any sum (of money or other thing of value for aid or assistance in obtaining any change order to this Agreement, (0) CONSULTANT hereby represents, warrants and covenants that, during the Term ofthis Agreement, neither it nor any of its owners, officers, directors, employees, shareholders, agents, or affiates shall receive any financial or economic benefit, directly or indirectly, whether as 2 member, shareholder, broker, agent, partner, consultant, parent, subsidiary or affiiate by beneficial ownership of, or control or direction over or in any other capakity, from any person or entity which shall provide any insurance policies or coverage, employee group benefits programs or employee group insurance programs to the CITY. 15.00 COMPLIANCE WITH LAWS The CONSULTANT agrees to observe and to comply a al mes with all applicable Federal, State, and jocal laws, ordinances, and regulations in any manner affecting the provision of the services for the Project and to comply wit al instructions and orders issued by the CITY regarding the Project. 16,00 FAMILIARITY WITH THE AGREEMENT ITEMS. ‘The CONSULTANT, by executing this Agreement, acknowledges full understanding of the extent and character of the services required and the conditions surtounding the provision thereof. The CITY wil not be responsible for any alleged misunderstanding of the services to be fumished or completed, or any misunderstanding of conditions surrounding the performance thereof. tis understood thatthe execution ofthis ‘Agreement by the CONSULTANT serves as the CONSULTANT'S stated commitment to fulfil ll the conditions referred to in this Agreement, 17.00 ENTIRE AGREEMENT This Agreement and all exhibits hereto constitute the entire agreement and understanding between the parties relating to the subject matter herein and shall not be modified, altered, changed or amended unless in writing and signed on behalf of the parties. Each and every modification and amendment of this Agreement must be in writing and signed by all of the parties hereto, Each and every waiver of any covenant, representation, warranty, or other provision of this Agreement must be in writing and signed by each party whose interest is adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. 18.00 CONTRACTING AUTHORITY The persons executing this Agreement on behalf of the CITY and the CONSULTANT hereby personally represent and warrant to all other parties that they have been duly authorized to execute and deliver this Agreement. 19.00 GOVERNING LAW This Agreement is being executed and delivered and is intended to be performed in the State of Tennessee, and the laws (without regard to principles or conflicts of law) of such state, and of the United States of America shall govern the rights and duties of the parties hereto in the validity, construction, enforcement and interpretation hereof. Any litigation brought with respect to this Agreement shall bebrought in a court of competent jurisdiction in Shelby County, Tennessee and the CONSULTANT hereby consents tothe jurisdiction of such courts. 20,00 OPPORTUNITY FOR REVIEW Each party has received and had the opportunity to review this Agreement, and each party has had the opportunity, whether exercised or not, to have each respective party's altomeys review this Agreement; ‘and, accordingly, the normal rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. 24.00 SECTION HEADINGS The section headings contained in this Agreement are for convenience of reference purposes only ‘and are not intended to qualify the meaning of any section and shall not affect the interpretation ofthis Agreement. 22.00 NOTICES All notices, demands, and requests required or permitted by this Agreement shall be in writing and shall be sent by facsimile transmission, air or other courier, or hand delivery as follows: () To: City of Germantown 1930 South Germantown Road Germantown, TN 38138 Facsimile: (901) 757-7258, (i) To: PROS Consulting, Inc. 35 Whitington Dr, Suite 300 Brownsburg, IN 46112 Facsimile: (877) 242-7761 Any notice, demand, or request sent by facsimile transmission shall be deemed given for all purposes under this Agreement when properly transmitted by telecommunication device. Any notice, demand, or request which is hand delivered or sent by air or other courier shall be deemed given for all purposes under this Agreement when received. ‘Any party to this Agreement may change such party’s address andior telecopier number for the purpose of notices, demands and requests required or permitted under this Agreement by providing writen notice of such change of address to all of the parties, which change of address shall only be effective when notice ofthe change is actualy received by the party who thereafter sends any notice, demand or request. 23.00 TIME OF ESSENCE Itis understood that time is of the essence in the performance and completion of every provision of this Agreement24, AGREEMENT CONTROLLING To the extent that any provision hereof is inconsistent with @ provision contained in the Proposal, the provision contained herein shall gover, 25, FACSIMILE; PDF SIGNATURES Execution and delivery of this Agreement and all agreements entered into in connection with the transaction set forth herein (the “Collateral Agreements’) by delivery of a facsimile or portable document format (“POF”) copy bearing the facsimile or PDF signature of any party hereto shall constitute a valid and binding execution and delivery ofthis Agreement and Collateral Agreements by such party. Such facsimile and PDF copies shall constitute enforceable original documents. [Signatures on next page]WITNESS THE DUE EXECUTION HEREOF. CITY OF GERMANTOWN, TENNESSEE PROS CONSULTING, INC. By. py, Leon Mike Palazzolo, Mayor its, been Younger, President ATTEST: CONSULTANT's Mailing Adress: a 35 Whitington Dr. Suite 300 City Clerk/Recorder Brownsburg, IN 46112 APPROVED AS TO FORM: CONSULTANT’s Telephone Number: ty, (87) 242-7760 Se Ke fuck, mo ‘Attorney a CONSULTANT's Facsimile Number: (77) 242-7761EXHIBIT A CONSULTANT'S PROPOSAL PROS CONSULTING, INC. Dated November 30, 2022equest for Propose! Na. 2023-908: Senior Adolt Recrestion/Edvcaton Programs ond Services Moods Assessment Cost Proposal (11/30/2022) The following fee breckdown is bosed on the project approach described in the Scope of Work for the Senior Adult {ecreston/Education Programs ond Services Weeds Assessment. The PROS Teom has based this fee on our current understanding ‘they are consistent with th 's goa for the project. We would appreciate the opportunity to meet and discuss the projet approach and fees to ensure apecttions ofthe City. This fee iso no indirect, inciding ony reimbursable expenses. PROS Consulting ses a trans ceed emount and includes ol oss, both direct and t pricing model toward project scope addition to the project after contract ‘our clients unless there Task: - Project Management, Progress Reporting & Data Review 7A Kiccoff Meeting & Proje Management 3 3503 8: Data Collection and Review $ 1,660 | Subiotal Doiar| $ 3.253 ‘Task2- Community Profileand Gap Analysis Project Management $ 123 ‘A Demographic and Trends Analysis - —_I{s 2,200 8. Gap Assessment s 1760 Key leader ship/Foeus Group InteTews = “3.490 Subtotal bola $ 3.673 ‘ask3 - Statistically Valid Survey Project Management 3 12 (a Staite Vato Needs Anais Survey (75 Sunes] 3 35310 Subiotai Dolan $ 16.533 PHASE ITOTAL $ 29,459 "Task 4 Review of Programs and Space A Sei Program Asessment $ 5720 city Aressment 3 Tasos Subtotal boiar|$ oad ‘Task - Implementation Plan & Senior Needs Assessment Development Prec Management z 728 1 Vining nd Core rowan 3 2.90 Bc Inpleretation Pan $ 2900 Dra Repert Preparation snd Wings $ 5302 0: Final Neds Assessment Presentations, Preparan, and Podueon $ 7a92 SubiopTDoIa|$ 15617 PHASE WTOTAL $40,031 PHASE | SUB-TOTAL $ 29,459 PHASE SUB-TOTAL $40,081 TOTAL PROJECT COST $69,490 i Ren Stately Valid Needs Anis Survey ADDITIONAL COST FOR 6D Surveys $ 3490 Staite Valid Needs Anais Survey ADDITIONAL COST FOR 70Survers $ 7590 Ontne Srey $ 2000 Rae ‘Bullaing Space Prosram 3 3.500 Site Analysis S 3000. Space Allocation /Unkage Diagram s 7,500) Concept Plan 3 75500 ‘Operational Standards 3 3,700 Financial Pan / ro Forma 3 3.500 OS: > BeOS ine‘Senior Adult Recreation/Education Programs and Services Needs Assessment Professional Services RFP Process Submitted By: Cathryn Perdue, Director Procurement & Risk Request for Statement of Quali ion Process: ‘= RFP was issued and publicly advertised on September 13, 2022 through vendor registry, the City's website, with a release notification also being sent by the City's vendor e-notification system to one thousand four hundred eighty-one vendors. = The RFP Proposal Submittal Deadline was October 4, 2022 at 2:00 p.m. CST. The city received a proposal from the following firm: ‘© PROS Consulting, Inc Evaluation Process for the Senior Adult Recreation/Education Programs and Services Needs Assessment Vendor Selection: * Evaluation Committee Members: Natalie Ruffin, Caleb Marcum and Lisa Piefer with Procurement staff facilitating the process + The evaluation citeria and procedures for selecting vendor was as follows: ‘© Technical Requirements + Qualifications, Experience & Quality of Response ‘= Evaluation team members met on October 18, 2022 to discuss vendor proposal and select vendor. ‘+ Evaluation team interviewed PROS Consulting, Inc. on November 11, 2022. ‘+ Evaluation team members requested a revised Best and Final Offer on November 11, 2022. ‘= The evaluation team met on November 14, 2022 to review the revised "Best and Final Orfer* information, discussion and verification of all information presented, the evaluation team recommends PROS Consulting, nc. as the City's Professional Service Provider fr the Senior Adult Recreation Education Programs and Services Needs Assessment project. Recommendati Committee recommends PROS Consulting, Inc. for approval on the December 12, 2022 BMA Agenda, Paget of1Agenda No.) CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: December 12, 2022 FROM: Jason R, Huisman, City Administrator. 3 SUBJECT: RENEWAL - MEDICAL & RX STOP LOSS INSURANCE INTRODUCTION ‘The purpose of this agenda item is to consider approval of a renewal policy for the City of Germantown’s Stop Loss Insurance with Gerber Life through Phoenix Excess Risk Underwriters ("PERU’) in the amount of $625,089.24 for a ‘2-month period beginning on January 1, 2023 through December 31, 2023. BACKGROUND Medical Stop Loss Insurance protects the City’s sel-funded plan from extreme medical expenses. The effective date ‘of the new policy will be January 1, 2023. The City has used the services of a stop loss carrer for over twenty years. The stop loss carrier works as a safety net to protect the Citys selfunded medical plan. PERU was the Managing General Underwriter ('MGU’) for American Fidelity for 2022 and willbe the MGU for Gerber Life in 2023. The City has a $115,000.00 individual stop toss deductible, meaning that if an individual medical claim exceeds $115,000.00, the insurance will reimburse the City 100% ofthe paid eligible ciims that exceed that specific amount. DISCUSSION ‘As part of the contract requirements, the City's Third-Party Administrator ("TPA"), Lucent Health is responsible for requesting quotes and received the most compettive pricing from Gerber Life through PERU to continue this important coverage. After a thorough analysis of the City's medical plan activity this past year and review by staff and the Citys consultant, ESP, LLC, its the recommendation of staf that the City continue its coverage for the 2023 policy period with PERU using Gerber Life with an individual stop loss. Gerber Life, rated A (Excellent) by AIM. Best, has served as a stop loss carrier for many years showing their commitment to reliability and stability Gerber Life's overall coverage and deductible of $118,000 remains the same; however, one laser on one member will be increased from $115,000 to $300,000 due to a large loss. The 2023 policy with Gerber Life would have an estimated annual premium of $602,459.64 with an estimated aggregate stop loss premium of $22,629.60 for a total ‘of $625,089.24, This policy would continue to be administered by Lucent Health, The information and details ‘supporting this recorimendation are included in Attachment 1.RENEWAL ~ MEDICAL & RX STOP LOSS INSURANCE December 12, 2022 GERMANTOWN FORWARD 2035 Community ate | Community strength, health and sustainabiity Key Peromence Area | City Services and Finance SvategcObjecve | #4, The Cy dolvers service excellence and produces A results thal are responsive fo customer needs, BUDGET AND STAFFING IMPACT [tie tem Budget | Recommended Fund Line em Description Batence | Expenditure intemal Service | 066-5015-471-51.50 | Heath | __Medical Claims $3,625,00349 | $31254462" | ‘Aditonal | TH® FY23 Budget includes the funding to cover this expense as an allocation from each department fo the ual Notes | Health Fund. This program is managed by staff in Human Resources. "The recommended expenditure above reesens the balanoe of FY23. ‘ATTACHMENTS 7 | [Prepared by: a r, 1 [ey et | | coutneyTayor | Hunan Resouces Dtcor a | [Reviewed by: 4 Cathryn Perdue Procurement & Risk Decor 5 ‘Adkienne Royals Budget & Finance Director 6 Lisa A. Piefer Deputy City Administrator | 7 — [8 — 9 - [to PROPOSED MOTION(S), RESOLUTION(S), OTHER ACTION To authorize the Mayor to approve the one-year renewal of a medical stop loss policy with PERU using Gerber Le in the estimated annual amount of $625,089.24 beginning January 1, 2023 through December 31, 2023, BOARD ACTION: MOTION BY: SECONDED BY: VOTEMOTAL |” SANDERS ~ GIBSON" “HICKS UEVEKE” WicCREERV 7 “PALAZZOLO_] ] | l ___Yes Yes Yes Yes _| L {No No No —_No__{___No { Abstain Abstain Abst ‘Abstain Abstaineysnl NOW awes “IN 199109 40) NOW 2 JoqunJepun jeleueR Buibeueyy 1 sem (N53) SHOWMLEPUN YSIe SSe0X “uo ven s|Aayod ey sadedvou "€202,30) Sule pled enuue u puan 96 8 saIedoNUY, “you axe ayeds payeBouBBe Jo/pue svese] fe sayedIoNUY., suonduinssy ‘ores'€29"9 $ | s6'vev'zs6'9 $ | 91 96276¥'9 $ jujod ywowyoene Kew yenuue yy S09 yenuuy [e}04 parDafoud e692 22. $[evize'isrz $ | evose'ese's $ ‘swyeyo pazirenuue peyewnse uy so renuuy [eio4 perDefoua 00'000'S8) $| - $| $ Ayer 19827] 9 L222 $ | og sieeee $ | o0'p02'b1z $ S809 uopesisiujupy jenuuy pe}22ford| owezo% $ | os'ezaez $ | oveze'ze $ wnjued eyeBeuBBy yenuuy pey2efoud roesv'209 Se'VZ0718. $ | s6'sve'sey $ wnjwerg ayroedg renuury payoeloia| ox Lis Ove's $ | o0'960's69's $ | ovara'eia's $ jwlod waulyoeny XEN jenuuy payrefoud eszgy'r609 $ [eszsy'v60'9 $ | seove's6'¢ $ (Pezyenuury) suelo parsa(org| ‘iva S982] pjemousy | ava siesetomrencuey | aiva qweung yenu09| ‘Apt arueqien und | eyrseqieg WM mad | UesHeWY yu Nad saunsu “O71 ‘da - sishjeuy Aajjog sp auouysenyAgenda No. (0 CITY OF GERMANTOWN REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: December 12, 2022 FROM: Jason R. Huisman, City Administrator. JE SUBJECT: ORDINANCE 2022-8 - AMENDMENT TO CHAPTER 2, ARTICLE V, DIVISION 22, SECTION 2- 295.1(J) - MUNICIPAL SCHOOL BOARD COMPENSATION - THIRD AND FINAL READING INTRODUCTION ‘The purpose of this agenda item is to approve an amendment to Chapter 2, Article V, Division 22, Section 2-296.1 on the third and final reading. This amendment modifies the language within the City’s municipal code addressing the ‘compensation of the Germantown Municipal Schoo! Board (‘GBOE"). BACKGROUND |n August of 2013, the Board of Mayor and Aldermen ("BMA") approved of the establishment of the GBOE and codified Division 22, Section 2-295.1 Municipal school board {membership, term; compensation]. Section 2-295.1 addresses the number of members on the GBOE, the requirements to serve on the board, term lengths, the process for fling vacancies, and concludes with setting the amount of compensation for the chairperson and other members of the GBOE. DISCUSSION ‘At the BMA visioning and work session on August 1, 2022, the topic of increasing GBOE member compensation was proposed for discussion. At the conclusion of the discussion, the consensus among the BMA was to consider the removing or amending the language pertaining to GBOE compensation within the City’s municipal code. City staff has conferred with the City's legal team and counsel from the Municipal Technical Advisory Service to confirm that the BMA is not required to set the compensation of the GBOE; the GBOE has the authority to establish their own ‘compensation policies. Therefore, staff recommends amending subsection (to allow for the GBOE to establish their own levels of compensation.ORDINANCE 2022-8 - AMENDMENT TO CHAPTER 2, ARTICLE V, DIVISION 22, SECTION 2-295. (J) ~ MUNICIPAL SCHOOL BOARD COMPENSATION - THIRD AND FINAL READING December 12, 2022 GERMANTOWN FORWARD 2035 Community Value Excellence in education ‘Key Performance Area_| Education ‘Strategic Objective | #2. GMSO is the top-performing school district in Shelby County and ranks among the top five statewide. ATTACHMENTS _| [Prepared by: i 4. | Ordinance 2022-8 ea ‘Autumn Jones ‘Administration Coordinator 3 | [Reviewed by: 4 - Jason R. Huisman iy Administrator 5 - isa Peter Deputy City Administrator 6 _ _ I 7 _ | 8 — = 8 — 10 _ 7 _L PROPOSED MOTION(S), RESOLUTION(S), OTHER ACTION To approve Ordinance 2022-6 on third and final reading. BOARD ACTION: MOTION BY: SECONDED BY: VOTE/TOTAL | SANDERS GIBSON HICKS __UELEKE McCREERY PALAZZOLO ‘YES Yes Yes Yes Yes Yes Yes _ NO No No No No No No ABSTAIN Abstain Abstain Abstain Abstain Abstain, AbstainORDINANCE 2022-8 AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE V, DIVISION 22, SECTION 2- 295.1(J) OF THE GERMANTOWN CODE OF ORDINANCES, WHEREAS, the Board of Mayor and Aldermen approved the establishment of the Germantown Board of Education in 2013 and at that time, codified the amount of compensation for the Germantown Board of Education chairperson and other school board members within the City’s municipal code; and WHEREAS, the Board of Mayor and Aldermen desires to remove the City’s municipal governing body from setting the compensation of the Germantown Board of Education chairperson and other school board members, and to allow for the Germantown Board of Education to establish their own levels of compensation. NOW, THEREFORE, BE IT ORDAINED BY ‘THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF GERMANTOWN, TENNESSEE, THAT SECTION 2-295.1(3) OF THE CITY CODE BE AMENDED AS FOLLOWS: (UNDERLINED text to be added and SERIKETHROUGH text to be deleted refers to amendments to Chapter 2 of the ordinance) ‘Sec, 2-295.1. Municipal school board [membership; term; compensation.] (@) A municipal school board for the city shall be established in compliance with applicable state law. (b) The municipal school board for the city shall consist of five members to be elected from the municipality at large. (©) In order to be eligible to be a member of the municipal school board for the city, one must be a citizen of the State of Tennessee, be a resident and qualified voter of the city, have achieved a high school diploma or GED and filed documentation satisfactory to the Shelby County Election Commission evidencing same, have attained the age of 18 years at the time of their election, and otherwise meet all other requirements of applicable state law at the time one seeks election. (@ _Allelections for the municipal school board for the city shall be conducted on a non-partisan basis. (©) No member of the governing body of the city shall be eligible for election as a member of the ‘municipal school board for the city. (The initial terms for members of the municipal school board for the city shall vary in length, provided that all subsequently elected members, other than members appointed to fill a vacancy, shall be elected to four-year terms, with members elected to even numbered positions for an initial term of one-year and members elected to odd numbered positions for an initial term of three years, as follows: Position 1: Initial three-year term Position 2: Initial one-year term Position 3: Initial three-year term Position 4: Initial one-year termPosition 5: Initial three-year term (g) Members of the municipal school board for the city may succeed themselves. (b) Vacancies occurring on the municipal school board for the city shall be filled by the board of mayor and aldermen by appointment of a person who would be eligible to serve as a member of the municipal school board, with such member to serve until a successor is elected and qualifies according to applicable law, the successor to be elected at the next general election for which candidates have sufficient time to qualify under applicable law. The initial municipal school board for the city shall take office on the first day of the first month following certification of the results of the election to select the members of the initial municipal board. oO th ipal-schoel_board-for-th if $4,200.00-peransus- Compensation for members of the municipal school board, including its chairman, shall be established by the municipal school board. BE IT FURTHER ORDAINED, that this ordinance shall take effect on __, the public welfare requiring it. First Reading: October 24, 2022 Second Reading: November 28, 2022 Third Reading: Mike Palazzolo, Mayor Michele Betty, City Clerk/RecorderRowan Oak PUD Private Gates Rowan Oak PUD, Plat Book 201, Page 13 Germantown, TN McClellan Lane Entry Rowan Lane Entry VICINITY MAP x October 20, 2022 We PROIFCTMUMBER: WEDI.O ATTACHMENT 1er i {SING CONDI 6 OBUCUTON FAN-MECIELANLANE ROWAN OAK PUD PRIVATE GATES. MANTOWN, TENNESSEE ROWAN OAK PUD BGO ov MEZMGIRE ae NOI sow vatefy. sky iy j pak tig! By Er iat Reebay 4 a i aed Ba LEG Hae aeoeg a rata ign less (eo gia uid Her eal HO, me de af au a He Eu pune abe UE ROWAN OAK PUD Grape Seat: 10 aE Xone rc JON RS a Hne Eyapek HilSTEFUN- MCLANE ROWAN OAK PUD PRIVATE GATES (GERMANTOWN, TENNESSEE ROWAN OAK PUD eS Br wa aCRE are TOPE sour _ aw renee afc se VOUS ree gei i f ie fi i i sect et STERN. RONANLANE ROWAN OAK PUD PRIVATE GATES SERUANTOWS, TENNESSEE CRS By MEACIBE are TiO sor vas ———— ROWAN OAK PUD ene wc JN? 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FENCING AND CALL BOX DETALS ROWAN OAK PUD PRIVATE GATES CGERWANTONN, TENNESSEE ' seer mats ont “ g ROWAN OAK PUD mn SEE EA sak a AGREE WML nT MENTORS ee78 Fy SIHOMODEALS ‘GERUANTOW, TENNESSEE ROWAN OAK PUD roo ey MEARE Out Wf sca oe {Ronee MEME ONT UESQsaesomssronsoamce = ROWAN OAK GATES¢ -enmcarves mennemene @ awe Qs MITIGATION PLAN ROWAN OAK GATESAgenda No. \\ CITY OF GERMANTOWN [ REPORT TO THE BOARD OF MAYOR AND ALDERMEN December 12, 2022 Jason R. Huisman, City Administrator. TQ REVISED FINAL PLAN - ROWAN OAK PLANNED DEVELOPMENT INTRODUCTION ‘The purpose of this agenda item is to approve the revised final plan for Rowan Oak Planned Development. BACKGROUND Rowan Oak Planned Unit Development (PUD) is located on the south side of Poplar Avenue (Highway 72), east of ‘Val Verde Drive, atthe intersection with New Riverdale Rd. The BMA previously approved Development Contract No. {994 for the Rowan Oak PUD on September 9, 1996. DISCUSSION This request is for a revised final plan, which includes the addition of gates at Rowan and McClellan Lane, a call box at Rowan Lane, turnarounds, and a reconfiguration of the private street entering into the development, The entrance off of Poplar Avenue at McClellan Lane will be for residents only and signed as such. Since Poplar Avenue is a state highway, the Tennessee Department of Transportation (TDOT) has reviewed the plans and is in agreement with this ‘modification (See p. 13 of PC staff report) The proposed plan does not comply with the City’s currently adopted Private Streets Standards Policy due to the location ofthe tumaround being in close proximity to the street entrance off of McClellan Lane at Haseley Lane and the fact that there is no call box at this location. The Planning Commission granted a waiver for this specific Tequirement, as this entrance willbe utiized for residents only ‘The applicant held neighborhood meetings to present the proposed plan and received the necessary number of votes ‘to move forward with the request, per the by-laws of the Rowan Oak Homeowners Association (HOA), The application for revised fina plan approval was filed in accordance with Sec. 23-575 ef seg. the Germantown Zoning Ordinance. Upon approval of this revised final plan, it will be recorded as required by Sec. 23-575 (e) which ‘states “After a final plan is approved by BMA, such plan shall be recorded in the Shelby County Register's office after receipt of any necessary bonds, fees and contracts to provide improvements required inthe Subdivision regulations and the required signatures for recordation have been secured.” IMPACT ON CITY SERVICES This request does not have a significant impact on City services and infrastructure, RECOMMENDATIONS Approval of this revised final plan was recommended by the Planning Commission on November 1, 2022, and by the Design Review Commission on November 15, 2022.REVISED FINAL PLAN ~ ROWAN OAK PLANNED DEVELOPMENT December 12, 2022 ‘GERMANTOWN FORWARD 2035 Community Value | Lifestyle opportunities Key Peromance Area | Public Safety Strategic Objective | #1 Germantown ste safest yn Tennessee. ‘ATTACHMENTS Revised Final Plan (Civ Set) PC Slaff Report - November 1, 2022 PC Minutes (Dra) - November 1, 2022 DRC Staff Report - November 15, 2022 DRC Minutes (Drafl) - November 15, 2022 Prepared by: Sarah Goralowski Panning Division Manager Reviewed by: ot Cameron Ross ECD Director PROPOSED MOTION(S), RESOLUTION(S), OTHER ACTION: To approve the revised final plan for the Rowan Oak Planned Development (PD). BOARD ACTION: MOTION BY: ‘SECONDED BY: c ‘SANDERS GIBSON. HICKS" UELEKE ~~ WicGREERY C | _ Yes Yes ses Yes [ No ~~ No_ No No No L ae Abstain Abstain Abstain Abstain Abstain Abstain |ATTACHMENT 2 MEETING DATE: November 1, 2022 AGENDA NUMBER: _SB. Claas PLANNING COMMISSION STAFF PLANNER: — Sarah Goralewski, Planning Division Manager PROJECT NAME: Rowan Oak Planned Unit Development (PUD) Case Number: 22.027 Property Address/Location: South of Poplar Ave. & New Riverdale Rd. Froperty Owner Applicant: Rowan Oak Homeowners Assocation (HOA)— Paty Anderson, resident Representative: MJF/Womble Joint Ventures Zoning District: “R-T” Residential Townhomes Area: 21.66 acres Description of Request: Approval of a Revised Final Plan (Addition of Gates) "Refer to the Disclosure Form attached for more information SUBCOMMITTEE UPDATE: The Planning Commission Subcommittee met on October 19, 2022, and ‘ecommended that this item be placed on the agenda of the next regular Planning Commission meeting, if the applicant completed the following: 1) hold a neighborhood meeting to show the revised final plan (scheduled for October 30, 2022); 2) receive agreement of the revised final plan from the Tennessee Department of Transportation (TDOT); and 3) revise the final plan at McClellan La, to remove the call box and make it a “residents only” entrance. All of the above have been accomplished by the applicant,Planning Commission ‘Rowan Oak PUD (Gates) 1-122 PAGE2 RELEVANT PLANNING DOCUMENTS: Germantown Forward 2030: This proposed project fulfills the following Germantown Forward 2030 Strategic Objectives: Land Use and Transportation Strategic Objectives 1: “The City experiences positive trends in the assessed value of residential areas”. City of Germantown Land Use Plan: The City of Germantown does not have @ current comprehensive land use plan, providing a holistic development vision for the entire city. The city’s last comprehensive land use plan from 1978 designated this area as low-density, single-family residential. City of Germantown Zoning Ordinance — “R” Single-Family Residential and “PUD” Planned Unit Development: As proposed, the property complies with Divisions 6 and 19, PROJECT ANALYSIS: INTRODUCTION: _ Rowan Oak Planned Unit Development (PUD) is located on the south side of Poplar Avenue (Highway 72), east of Val Verde Dr., atthe intersection with New Riverdale Rd. BACKGROUND: The Board of Mayor and Aldermen approved the development contract forthe Rowan Oak PUD on September 9, 1996 (Contract no, 994), DISCUSSION: ‘The current request is for a revised final plan, which includes the addition of gates at Rowan and McClellan Lanes, a call box at Rowan Lane only, and turnarounds and a reconfiguration of the private street entering, into the development. (The entrance off of Poplar Ave. at McClellan Ln. will be for residents only and signed as such.) As Poplar Ave. (Highway 72) is a state highway, the Tennessee Department of Transportation (TDOT) has reviewed the plans and are in agreement (see p. 13 of this staff report). ‘The proposed plan does not comply with the city’s currently adopted Private Streets Standards Policy, namely the location of the turnaround at the street entrance off of McClellan Ln. at Haseley Ln. and no call box at this, location. The applicant is requesting a waiver from the Planning Commission for this specific requirement, as this entrance will be for residents only. The applicant has held neighborhood meetings to present the proposed plan and has received the necessary number of votes to move forward with the request, per the by-laws of the Homeowners Association (HOA), STAFF COMMENTS: A. FINALPLAN CONDITIONS: 1. Waiver to the Adopted Private Streets Policy: ‘The applicant has revised the McClellan Ln. entrance to remove the call box. This entrance will be for residents only, as it will not have a call box and the turnaround does not meet the location requirements, It will be signed for residents only. By approving this layout, the Planning Commission is granting a waiver to the adopted Private Streets Policy for the location of the turnaround and the elimination of the call box. 2. The process is as follows: Planning - Planning Commission (Revised Final Site Plan Approval) Planning - Design Review Commission (Revised Final Site Plan Approval) City Engineering - Construction Plan Review BMA- Final Plan & Development Contact Approval City Engineering - Pre-Construction Meeting peesePlanning Commission Rowan Oak PUD (Gates) 1-122 PAGES 3. 4 £ Planning - Administrative: Re-recording of the Revised Final Plan & Updated CCRs 2 Shelby County Building Department - Building Permit ‘Vested property rights of the finalsite plan shall be in accordance with T.C.A. § 13-3-413. All the TAC comments listed below shall apply. A. GENERAL REQUIREMENTS: 2 Al recorded easements shall be shown on the final plan. All survey data shall be tied to Tennessce State Plane Coordinates and the City of Germantown ‘monumented survey control The final plat, construction drawings and "as built” plans shall be submitted on electronic media in DXF format The developer shall enter into a Project Development Contract with the City of Germantown for this projec after they have received final approval from the Design Review Commission and Construction Plan Approval from City Engineering. If approved, all materials shall be specified on the construction plans for the proposed project. The applicant must receive Final Construction Plan approval from the City Engineering Department and the Department of Community Development before the MemphisShelby County Office of Construction Code Enforcement may issue a building permit for the project. ‘The applicant is required to include the following formal written statement by a certified and licensed professional engineer to be placed on the grading and drainage plans, signed, dated and sealed: L , & duly licensed professional engineer in the State of Tennessee, hereby certify that I have designed the drainage in accordance with the Design Standards of the City of Germantown and have considered upstream and downstream conditions that affect drainage to include topography, present and future land use, existing zoning, and location of natural water courses. No owner, developer, or tenant of property within the development shall commit an act, or allow a condition to exist on property within the development, which act or condition endangers life or health, violates the laws of decency, or obstructs or interferes with the reasonable and comfortable use of other property in the vicinity. The Developer agrees to comply with the following requirements, unless otherwise authorized in writing by the City Engineer: (@) All streets shall be kept clear and free of dirt and debris; (®) All construction activity shall begin no earlir than 7:00 a.m. and end no later than 6:00 p.m., ‘Monday thru Saturday, and no construction activity shall be permitted on Sundays; and (©) The Developer shall provide the Engincering Department with the name, address and phone number of person(s) to be contacted and responsible for correcting any of the above should the ‘occasion arise to do so. Total acres disturbed shall be provided. A NOC is required for TDEC for the NPDES, Phase Il. The ‘NOC shall be posted on the site at all times and the stormwater reports/documentation/inspections shall be available at all times. The SWPP shall be posted at the site and available. Inspections must bePlanning Commission Rowan Oak PUD (Gates) 1-122 PAGES performed by personnel who have completed the Level I ~ Fundamentals of Erosion Prevention and Sediment Control course, ‘TAC COMMEN’ The Technical Advisory Committee (T.A.C.) met on October 12, 2022 and made the following comments on the submitted plans, On October 25, 2022, the applicant submitted responses to the TAC comments and revisions to the plans. Any outstanding comments are bolded. Any new comments by city staff are in italics. Administration: No comments received. Economic Development: No comments received. Planning: + McClellan Ln: The proposed layout of the call box and turnaround does not comply with the city’s adopted Private Streets Policy. (© Seep.9~juii, The tumaround is to be after the call box. Redesign median areas so that the turnaround is after the call box. (© The Planning Commission may not consider an exception to this requirement, given that cars, could have to back up on Poplar Ave,, if there are multiple cars stacked and they need to reverse from the call box to reach the turnaround. "The PC would not consider a waiver to the requirements for the recently added gates to Forest Bend Acres, as they were concerned about interference with traffic on Forest Hilklrene Rd © The applicant has revised the McClellan entrance to remove the call box. This entrance will be for residents only and will be signed as such. By approving this layout, the Planning Commission is granting a waiver to the adopted Private Streets Policy for the location of the turnaround and the elimination of the call box. * Civil plans: Add the distance of the call box to the intersection with Poplar Ave. (minimum 60°) to all drawings. + CCRs for the HOA shall be revised to include the ownership and maintenance of the gates. Provide draft CCRs. + Process: © Planning * Planning Commission: Revised Final Plan for addition of gates * Design Review Commission: Fencing & Gates, Revised Landscape Plan + Board of Mayor and Aldermen: Revised Final Plan & Development Contract + Administrative: Re-recording of the Revised Final Plan & Updated CCRs © Code Compliance = Fence/Gate Permit «Ifthe Planning Commission considers a waiver to the Private Streets Policy, then the entrance at MoClellan Ln, should be made for residents only, to avoid traffic conflicts ‘+ Prior to final consideration by the Planning Commission, the city’s Engineering and Public Works Department’s comments shall be satisfied regarding approval from Tennessee Dept. of Transportation (TDOT). The applicant has submitted an email of approval from TOT. Engineering: ‘+ Proposed design for McClellan Ln. does not meet requirements for tumaround location (asking for variance), this design strategy could cause complications for vehicle maneuvers when gate access isPlanning Commission ‘Rowan Oak PUD (Gates) 11-122 PAGES denied. This may impact the queued traffic atthe gate, and subsequently, the through traffic on Poplar. There is a potential for a traffic safety issue with this strategy. ‘+ Engineering agrees with the traffic impact rationale and analysis letter. No traffic volume changes will occur with this project. Applicants must verify that TDOT traffic analysis requirements are met, in addition to the Engineering Department’s concurrence with a letter of impact. This isa state route and TDOT requirements will most likely apply. ‘+ Engineering agrees with the traffic impact rationale and analysis letter. No traffic volume changes will occur with this project. Applicants must verify that TDO'T traffic analysis requirements are met, in addition to the Engineering Department's concurrence with a letter of impact. This isa state route and TDOT requirements will most likely apply. Public Works: * Utility locates / pot-holeing necessary to avoid conflicts + Irrigation system changes will be required, but didn't see anything addressing this need. + Are any area lighting fixtures / infrastructure being affected? Seems that a non-entry vehicle will have to back up to get to the turn-around exit. Seems problematic. Fire Services: ‘© The setbacks for the gates meet the minimum requirements for FD access. ‘© Gate opening width meets the access requirement of having at least | gate with a 24 foot opening per access roadway. All gates must be equipped with opening devices as required by City Ordinance. Having the vehicle turn around before the callbox on the west gate gives the potential for a vehicle to obstruct emergency access. The Fire Marshal's office suggests moving the turnaround to behind the callbox, rather than before. Police: © No issues Parks: «No comments Germantown Municipal School District (GMSD): ‘No comments received. MLGW: ‘LGW has reviewed the referenced application, and has no objection, subject to the following conditions: + Ieis the responsibility of the ovmer/applicant to identify any utility easements, whether dedicated or prescriptive (electric, gas, water, CATY, telephone, sewer, drainage, etc), which may encumber the subject property, including underground and overhead facilities. + No permanent structures, development or improvements are allowed within any utility easements, without prior MLGW written approval. + Itis the responsibility of the owner/applicant to comply withthe National Electric Safety Code (NESC) and maintain minimum horizontal/vertical clearances between existing overhead electric facilities and any proposed structures. = Underground Utility separation and clearance: ‘The subject property is encumbered by existing utilities which may inelude overhead and underground facilities. It isthe responsibility ofthe cownerfapplicent to maintain a minimum 3-foot (3') separation between any existing undergroundPlanning Commission Rowan Oak PUD (Gates) 1-22 PAGES MEMP! service lines or utilities and any proposed permanent structure or facility. This separation is necessary to provide sufficient space for any excavations to perform service, maintenance or replacement of existing utilities. Itis the responsibility of the owner/applicant to pay the cost of any work performed by MLGW to install, remove or relocate any facilities to accommodate the proposed development. Itis the responsibility of the owner/applicant to contact TN-I-CALL @ 1.800.351.1111, before digging, and to determine the location of any underground utilities including electric, gas, water, CATY, telephone, etc Landscaping is prohibited within any MLGW wtlity easement without prior MLGW approval. Itis the responsibility of the owner/applicant to submit a detailed plan to MLGW Engineering for the purposes of determining the impact on or conflict with any existing utilities, and the availability and capacity of existing utility services to serve any proposed or future development(s). Application for ulilty service is necessary before plats can be recorded. © Allresidential developers must contact MLGW's Residential Engineer at Builder Services: (901) 729-8675 to initiate the utility application process. (© Allcommercial developers must contact MLGW's Builder Services line at 729-8630 to initiate the utility application process. Itis the responsibility of the owner/applicant to pay the cost of any utility system improvements, necessary to serve the proposed development with electric, gas or water utilities. "HIS LIGHT, GAS and WATER DIVISION TOM WORD Utility Coordinator tword@mlgw.orgPlanning Commission ‘Rowan Oak PUD (Gates) 1-122 PAGE7 EE STAFF RECOMMENDATION: Approval of the Revised Final Plan (Addition of Gates), subject (o the comments and conditions listed above and the plans and documents submitted with the application. ECD CERTIFICATION: The Director of the Department of Economic and Community Development Certifies this application as meeting the terms of the Zoning Ordinance upon which relief is sought. SITE PLAN AND SUBDIVISION SUBCOMMITTEE ACTION: The Site Plan and Subdivision ‘Subcommittee met on October 19, 2022, and recommended that the application be placed on the next Planning Commission agenda for action, subject to the subcommittee’s discussion, comments in the staff report, and the plans and documents filed with the application. COMMISSION ACTION: MOTION BY. SECONDED BY, PROPOSED MOTION: Approval of the Revised Final Plan (Addition of Gates) for the Rowan Oak Planned Unit Development (PUD) (located at South of Poplar Ave, & New Riverdale Rd.), subject to the general requirements and TAC comments listed above and the plans and documents submitted with the application. ey SITY ABSTAIN | Abstai | Abstain | Abstain Abstain | Abstain | Abstain | Abstain APPENDIX: Zoning Map (p. 8) Plans (pp. 9-10) Letter of Intent & Written Statement (p. 11) Traffic Statement (pp. 12-13) Email from TDOT (p. 14) PC Application & Ownership Disclosure Form (p. 15-17)Planning Commission PROPOSED REVISED FINAL PLANPlanning Commission ‘Rowan Oak PUD (Gates) 11-122 PAGESPlanning Commission Rowan Oak PUD (Gates) 11-122 PAGE 10 PROPOSED LANDSCAPING PLAN LETTER OF INTENTPlanning Commission Rowan Oak PUD (Gates) 11-122 PAGE 11 MJI/WOMBLE JOINT VENTURES October 3, 2022 Mr. Cameron Ross Development Director City of Germantown Tennessee Division of Planning & Development 1930 South Germantown Road Germantown Tennessee 38138 RE: Rowan Oak PUD, Private Gates Dear Cameron: (On behalf of the Rowan Oak Homeowners, we are pleased to submit the Final Plan and Planning Commission Application for the installation of private gates. The Rowan Oak PUD was originally approved for construction on or about April of 1997. The 89-lot development was approved ‘and currently enjoys two points of vehicular access onto Poplar Avenue. While there are 89 lots, there are only 87 homes within the development. The proposed design Isa collaboration between the design ‘team and the Germantown Fire Department (GFO) and does not require any modifications to Poplar ‘Avenue or any other public streets. in addition, the streets within Rowan Oak PUD are a closed, private Joop street system with no connections to adjoining neighborhoods. On July 22, 2021, the Rowan Oak Homeowners Association voted and approved a special assessment {or installing gates on the Rowan Lane and McClellan points of access on Poplar Avenue, The result of that vote was 68 affirmative and 19 negative votes. The CCR’s required a minimum of 60 votes for s ‘special assessment. The Rowan Oak Homeowners Association met again in September of 2022 to review the plans and approve moving forward with the project. We believe that this request is in general conformance with the intent of the Regulations, we are requesting a waiver of the location of the turnaround at the McClellan entrance gate, due to the original development design limitations. We look forward to continuing to work with you and your staff on this project. Sincerely, MAF Consulting Michael J. Fahy oem