COMMISSION MEETING MINUTES AUGUST 17, 2017

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1 A MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF JOHNSON CITY, TENNESSEE was held in the Commission Chambers of the Municipal and Safety Building, 601 East Main Street, Johnson City, Tennessee on Thursday, August 17, PRESENT: Mayor David Tomita, Vice-Mayor Jenny Brock, Commissioners Todd Fowler, Ralph Van Brocklin and Joe Wise, Charles Stahl, IV, Assistant City Manager, Pete Peterson, City Manager, and Janet Jennings, City Recorder. Mayor David Tomita called the meeting to order at 6:02 p.m. At this time, Louis Imsande, Pastor, First Presbyterian Church, led the invocation, which was followed by the pledge of allegiance. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That the minutes of the regularly scheduled City Commission Meeting held on Thursday, August 3, 2017, be and the same are hereby approved. Upon motion by Commissioner Ralph Van Brocklin, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The JOHNSON CITY, That the addition to the agenda of the consideration of a Certificate of Compliance for Chris Joker, Tri-Liquor, 6681 Bristol Highway, Suite 75, Piney Flats, Tennessee, be and the same is hereby approved. At this time, Mayor David Tomita presented the JC101 Summer Session Graduation Certificates to Nathan Brand, Cathy Carter-Bisner, Carleen Claybaker, Betty Cooper, Kate Craig, Chris Dyer, Wilbur Henderson, Steve Holder, Joe Hopkins, Jodi Jones, Judy Jones, Rick Simons, Dotti Slaughter, Michelle Treece, Jo Willems, Mike Williams, Jim Wise and Sue Wise. Also receiving certificates, but unable to attend, were Laurel Farrell, Susan Hart, Matthew Hart, Doug Lambe, Betty Ann Proffitt and Braden Trent. At this time, Becky Haas, Community Crime Prevention Coordinator, made a presentation providing an update on the Targeted Community Crime Reduction Project Day Reporting Center. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The JOHNSON CITY, That a Certificate of Compliance for Chris Joker, Tri- Liquor, 6681 Bristol Highway, Suite 75, Piney Flats, Tennessee, be and 1

2 the same is hereby approved. At this time, Pete Peterson, City Manager, recognized the Fire Department for receiving an award from the Tennessee Fire Services Codes and Enforcement Academy for having the most contact training hours for fiscal year Upon motion by Mayor David Tomita, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by four ayes. Commissioner Ralph Van Brocklin voted nay. JOHNSON CITY, That the reappointment of Mark Durkee and the appointment of Marc Upton, to serve the remainder of the term vacated by Tim Zajonc, to the Parks & Recreation Advisory Board, be and the same are hereby approved. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That a street closing from 3:30 p.m. until 5:30 p.m. on Tuesday, October 31, 2017, as requested by the Johnson City Chamber of Commerce for the Trick or Treat on Walnut Street, be and the same is hereby approved. 2

3 Upon motion by Commissioner Todd Fowler, seconded by Commissioner Ralph Van Brocklin, the following resolution was offered for adoption. The JOHNSON CITY, That the Consent Agenda for August 17, 2017, be and the same is hereby approved. CONSENT AGENDA: A. GENERAL: i. Consider approval to apply for the U.S. Department of Justice/Bureau of Justice Assistance (BJA) FY 2017 Justice Assistance (JAG) Program Grant (Police Department) ii. Consider approval of Change Order #1 for Trademark of VA, Inc. on the Northside Elementary School Partial Casework Replacement project for a contract decrease of $8, (Johnson City Schools) iii. Consider approval of the Certificate of Substantial Completion for Construction Partners, LLC on the existing Fleet Management Building Alterations Project (Fleet Management) iv. Consider declaring certain Public Works/Traffic Division equipment as surplus: 87 Traffic Signal Controllers & Monitors (Purchasing Dept) v. Consider declaring certain Public Works/Engineering Division equipment as surplus: Trimble Brand Total Robotic Station (Purchasing Dept) vi. Consider an Amendment to the CDM Smith contract on the Knob Creek & Brush Creek Wastewater Treatment Plant Renovations for Resident Project Representation Services (Water & Sewer Services) vii. Consider Task Order #17 for the Regional Wastewater Treatment Plant Blower Design under Master Services Agreement for Water & Wastewater Energy Optimization Efficiency (Water & Sewer Services) 3

4 viii. Consider approval of incidental expenses associated with replacement housing for Tract 8 on the Knob Creek Road/CSX Railroad Overpass Project (Public Works Department) B. INVOICES: i. Construction Partners, LLC $49, Fleet Management ~ Pay Request #2 Breezeway Enclosure Funding Source: Capital Project Fund ii. King General Contractors $63, Water & Sewer Services ~ Pay Request #1 Bunker Hill Tank Reconstruction Funding Source: Budgeted Expense iii. Frizzell Construction Company $352, Water & Sewer Services ~ Pay Request #16 Brush Creek & Knob Creek WWTP Improvements Funding Source: Bond Funded iv. LDA Engineering $1, Water & Sewer Services ~ Work Order #6 Rehab of B2D Sewer Basin Funding Source: Budgeted Expense v. Barge Waggoner Sumner & Cannon $1, Water & Sewer Services ~ Task Order #1 Bunker Hill Water Reservoir Replacement Funding Source: Budgeted Expense vi. Hazen & Sawyer $21, Water & Sewer Services ~ Invoice #26 Lower Brush Creek Sanitary Sewer Interceptor Replacement Funding Source: Bond Funded 4

5 vii. Hazen & Sawyer $20, Water & Sewer Services ~ Invoice #27 Lower Brush Creek Sanitary Sewer Interceptor Replacement Funding Source: Bond Funded viii. Summers-Taylor, Inc $344, Public Works Department ~ Pay Request #8 VA Access Road Project Funding Source: Federal & 20% Local Funding ix. Bakers Construction Services, Inc $324, Public Works Department ~ Pay Request #7 Indian Ridge Rd & State of Franklin Rd Intersection Project Funding Source: 80% Federal & 20% Local Funding x. Shaw & Shanks Architects, PC $ Administration ~ Invoice #8 (FINAL PAYMENT) Langston High School Partial Demo & Gym Modifications Funding Source: Bond Funded xi. Shaw & Shanks Architects, PC $13, Administration ~ Invoice #3 Langston High School Additions & Alterations Funding Source: Bond Funded xii. Preston Construction Company $33, Administration ~ Pay Request #1 Johnson City Jail Plumbing Replacement & Upgrades Funding Source: Capital Projects Fund xiii. Energy Systems Group $1,136, Administration ~ Pay Request #9 SHHS & School Energy Improvements Project Funding Source: General Obligation Bonds 5

6 xiv. Barnard Roofing Company, Inc $38, Administration ~ Pay Request #3 Science Hill High School Partial Reroofing Funding Source: PEP Bonds xv. Barnard Roofing Company, Inc $4, Administration ~ Pay Request #3 Town Acres Elementary School Partial Reroofing Funding Source: PEP Bonds C. PURCHASES i. Mid-South Bus Center, Inc $145, Purchasing Department for Transit Three-(3) Demand Response/Paratransit Vehicles Funding Source: Federal, State & Local Funds ii. Musco Sports Lighting, LLC $555, Purchasing Department for Parks & Recreation Howard Johnson Field & Cardinal Park Sports Lighting Funding Source: Capital Projects Fund Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Joe Wise, Ordinance No , AN ORDINANCE FOR THE APPROVAL OF THE ABANDONMENT OF A PORTION OF HAMILTON PLACE RIGHT-OF-WAY, was passed on first reading. The motion carried by five ayes. There were no nay votes. At this time, a public hearing was held regarding a Resolution for 3244 Knob Creek Road Annexation (Related to Ordinance ). Tyler Mackie, petitioner, spoke in favor. Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a Resolution for 3244 Knob Creek Road Annexation (Related to Ordinance ), be and the same is hereby approved. 6

7 At this time, a public hearing was held regarding Ordinance No Tyler Mackie, petitioner, spoke in favor. This ordinance is to assign zoning. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, Ordinance No , AN ORDINANCE FOR THE ANNEXATION OF PROPERTY LOCATED AT 3244 KNOB CREEK ROAD, was passed on second reading. The At this time a public hearing was held regarding the Plan of Services for the annexation of property located at 3244 Knob Creek Road. Tyler Mackie, petitioner, spoke in favor. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That the Plan of Services for the annexation of property located at 3244 Knob Creek Road, be and the same is hereby approved. Upon motion by Commissioner Todd Fowler, seconded by Vice-Mayor Jenny Brock, Ordinance No , AN ORDINANCE TO ABANDON THE JOHNSON CITY PUBLIC RIGHT-OF-WAY ON ED BAXTER ROAD, was passed on second reading. The motion carried by five ayes. There were no nay votes. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, Ordinance No , AN ORDINANCE TO REZONE PROPERTY LOCATED AT 3407 AND 3409 TIMBERLAKE ROAD FROM R-5 (HIGH DENSITY RESIDENTIAL DISTRICT) TO B-4 (PLANNED ARTERIAL BUSINESS DISTRICT), was passed on third reading. The motion carried by five ayes. There were no nay votes. ORDINANCE NO AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF JOHNSON CITY, TENNESSEE BEING PART OF THE APPENDIX TO ORDINANCE NO ENTITLED "AN ORDINANCE TO ADOPT A CODE OF LAWS AND ORDINANCES FOR THE CITY OF JOHNSON CITY, TENNESSEE, AND TO REPEAL ALL LAWS AND ORDINANCES IN CONFLICT THEREWITH", AND AMENDATORY THEREOF, BY CHANGING FROM R-5 (HIGH DENSITY RESIDENTIAL) DISTRICT TO B-4 (PLANNED ARTERIAL BUSINESS) DISTRICT CERTAIN PROPERTY LOCATED AT 3407 AND 3409 TIMBERLAKE RD. 7

8 BE IT ORDAINED BY THE CITY OF JOHNSON CITY AS FOLLOWS: SECTION 1. That the Zoning Map of the city of Johnson City, Tennessee, being a part of the appendix to Ordinance No entitled, "An Ordinance to Adopt a Code of Laws and Ordinances for the City of Johnson City, Tennessee, and to Repeal All Laws and Ordinances in Conflict Therewith," and all ordinances supplementary thereto and amendatory thereof, be and the same is hereby amended and modified by changing the zoning on the following described property from R-5 (High Density Residential) district to B-4 (Planned Arterial Business) district. See description marked "Exhibit 'A'" hereto See concept plan marked "Exhibit 'B'" hereto. See map of the above-described property marked "Exhibit 'C'" hereto. SECTION 2. BE IT FURTHER ORDAINED, That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. BE IT FURTHER ORDAINED, That this ordinance shall take effect from and after its passage on third and final reading and publication as required by law, the public welfare requiring it. PASSED ON FIRST READING 7/20/2017 PASSED ON SECOND READING 8/03/2017 PASSED ON THIRD READING 8/17/2017 8

9 APPROVED AND SIGNED IN OPEN MEETING ON THE 17 th DAY OF August, 2017 ATTEST: /s/ David Tomita MAYOR /s/ Janet Jennings City Recorder APPROVED AS TO FORM: /s/ James H. Epps, IV City Attorney "EXHIBIT 'A'" 9

10 "Exhibit 'B'" 10

11 "EXHIBIT 'C'" 11

12 Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, Ordinance No , SUPPLEMENTAL BUDGET ORDINANCE FOR FISCAL YEAR , was passed on third reading. The 12

13 13

14 ATTEST: /s/ David Tomita MAYOR /s/ Janet Jennings City Recorder APPROVED AS TO FORM: /s/ James H. Epps, IV City Attorney Upon motion by Commissioner Joe Wise, seconded by Commissioner Ralph Van Brocklin, Ordinance No , AN ORDINANCE ADOPTING THE TAX RATES FOR THE 2017 TAX YEAR, was passed on third reading. The 14

15 ATTEST: /s/ David Tomita MAYOR /s/ Janet Jennings City Recorder APPROVED AS TO FORM: /s/ James H. Epps, IV City Attorney Upon motion by Commissioner Joe Wise, seconded by Commissioner Ralph Van Brocklin, Ordinance No , AN ORDINANCE AUTHORIZING THE CITY OF JOHNSON CITY TO ENTER INTO A CERTAIN RIGHT-OF-WAY ACCESS AGREEMENT WITH THE TENNESSEE INDEPENDENT TELECOMMUNICATIONS GROUP, LLC D/B/A IRIS NETWORKS, LLC, WHICH AGREEMENT IS APPENDED TO THIS ORDINANCE AS EXHIBIT A AND INCORPORATED BY REFERENCE HEREIN AS FULLY AS IF SET FORTH VERBATIM, AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, was passed on third reading. The ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY OF JOHNSON CITY TO ENTER INTO A CERTAIN RIGHT-OF-WAY ACCESS AGREEMENT WITH THE TENNESSEE INDEPENDENT TELECOMMUNICATIONS GROUP LLC, D/B/A IRIS NETWORKS LLC, WHICH AGREEMENT IS APPENDED TO THIS ORDINANCE AS EXHIBIT A AND INCORPORATED BY REFERENCE HEREIN AS FULLY AS IF SET FORTH VERBATIM, AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH 15

16 WHEREAS, the Tennessee Independent Telecommunications Group, LLC, d/b/a Iris Networks, LLC, (hereinafter referred to as Iris) are limited liability companies duly authorized to do business under the laws of the State of Tennessee, and are authorized by the Federal Communications Commission to provide telecommunications services; and, WHEREAS, the aforementioned Iris desires to construct, install and operate telecommunications facilities within the public rights-of-way of the City of Johnson City in order to provide telecommunications services within the City; and, WHEREAS, the aforementioned Iris wishes to enter into an agreement with the City of Johnson City for access to its rights-of-way in order to construct, install, and operate the aforementioned telecommunications facilities; and, WHEREAS, the City of Johnson City wishes to enter into such an agreement for access to its rights-of-way and considers it in the manifest best interest of the City and of its citizens to enter into such an agreement. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF JOHNSON CITY as follows: SECTION I. That the Mayor be and is hereby authorized to execute on behalf of the City of Johnson City a certain rights-of-way access agreement between the City of Johnson City and the aforementioned Iris which agreement is appended to this ordinance as Exhibit A and is incorporated in its entirety into this ordinance by reference as fully as if set forth verbatim. SECTION II. BE IT FURTHER ORDAINED that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed SECTION III. BE IT FURTHER ORDAINED that this ordinance shall take effect from and after its passage on third and final reading as required by law, the public welfare requiring it. PASSED IN OPEN, PUBLIC MEETING ON THE FIRST READING 7/20/2017 PASSED IN OPEN, PUBLIC MEETING ON THE SECOND READING 8/3/2017 PASSED IN OPEN, PUBLIC MEETING ON THE THIRD READING 8/17/2017 APPROVED AND SIGNED IN OPEN MEETING ON THE 17 th DAY OF August, 2017 FOLLOWING PASSAGE ON THIRD READING /s/ David Tomita MAYOR ATTEST: /s/ Janet Jennings CITY RECORDER APPROVED AS TO FORM: /s/ James H. Epps, IV ATTORNEY FOR THE CITY 16

17 Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Joe Wise, Ordinance No , AN ORDINANCE RELEASING THE CITY S RIGHT TO RECLAIM ALL OR ANY PORTION OF AN UNOPENED PORTION OF BEECH STREET ON REAL PROPERTY LOCATED WITH THE CORPORATE LIMITS OF THE CITY OF JOHNSON CITY, TENNESSEE, was passed on third reading. The motion carried by five ayes. There were no nay votes. ORDINANCE NO AN ORDINANCE RELEASING THE CITY S RIGHT TO RECLAIM ALL OR ANY PORTION OF AN UNOPENED PORTION OF BEECH STREET ON REAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF JOHNSON CITY, TENNESSEE BE IT ORDAINED BY THE CITY OF JOHNSON CITY as follows: SECTION 1: Ordinance #3121 authorized the conveyance of a closed portion of Beech Street to G. W. Puckett and Keith Lyons by quitclaim deed dated February 18, 1993, and recorded at Roll 26, Image 2850 in the Register s Office for Washington County, Tennessee. The quitclaim deed recorded at Roll 26, Image 2850 contains an agreement between the parties that the City of Johnson City retains the right to reclaim under certain conditions all or any portion of the abandoned strip (the closed portion of Beech Street), if in the future a need occurs requiring the use of said property for public purposes. SECTION 2: The Board of Commissioners of the City of Johnson City finds that no need has occurred requiring the use of said property for public purposes; therefore, the Board of Commissioners releases all of the City s right to reclaim any and all of the property as set forth in that certain quitclaim deed dated February 18, 1993, and recorded at Roll 26, Image 2850 in the Register s Office for Washington County, Tennessee, said quitclaim deed being attached hereto and incorporated herein by reference. SECTION 3: That the Mayor is hereby authorized to execute any and all instruments as may be necessary to effectuate this ordinance, which instruments shall in form and substance be satisfactory to the City Manager and the City Staff Attorney, and which instruments shall include a release and termination of all provisions giving the City the right to reclaim all or any portion of the property conveyed by the quitclaim deed dated February 18, 1993, from the City of Johnson City, Tennessee to G. W. Puckett and Ken Lyons, Inc., of record at Roll 26, Image 2850, in the Register s Office for Washington County, Tennessee. SECTION 4: That all ordinances and all parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: That this ordinance shall take effect from and after its passage on third and final reading as required by law, the public welfare requiring it. PASSED IN OPEN, PUBLIC MEETING ON THE FIRST READING 7/20/

18 PASSED IN OPEN, PUBLIC MEETING ON THE SECOND READING 8/3/2017 PASSED IN OPEN, PUBLIC MEETING ON THE THIRD READING 8/17/2017 APPROVED AND SIGNED IN OPEN MEETING ON THE 17 th DAY OF August, 2017, FOLLOWING PASSAGE ON THE THIRD READING /s/ David Tomita MAYOR ATTEST: /s/ Janet Jennings CITY RECORDER APPROVED AS TO FORM: /s/ James H. Epps, IV STAFF ATTORNEY At this time, Mark Sirois, Johnson City Police Chief, presented a revised Funeral Escort Policy. At this time, Mayor David Tomita opened the floor for public input. No one spoke. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The JOHNSON CITY, That the Funeral Escort Policy, be and the same is hereby approved. Commissioners expressed that they wish to allow thirty (30) days before implementing the policy. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That an amendment to the Vacation and Holiday Policy, be and the same is hereby approved. At this time, City Manager Pete Peterson presented the City 18

19 Manager s Report. At his request, Phil Pindzola, Public Works Director, presented the Public Works Projects update. There being no further business or discussion, Mayor David Tomita adjourned the meeting at 8:38 p.m. DAVID TOMITA MAYOR JANET JENNINGS CITY RECORDER ITEMS DEFERRED: 1. None. ACTION ITEMS: 1. None. 19