COMMISSION MEETING MINUTES FEBRUARY 16, 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, February 16, PRESENT: Mayor David Tomita, Vice-Mayor Jenny Brock, Commissioners Todd Fowler and Ralph Van Brocklin, Pete Peterson, City Manager, and Janet Jennings, City Recorder. ABSENT: Commissioner Joe Wise. Mayor David Tomita called the meeting to order at 6:01 p.m. At this time, Reverend Steve Harmon, Bethlehem Lutheran Church, led the invocation, which was followed by the pledge of allegiance. Upon motion by Commissioner Ralph Van Brocklin, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. JOHNSON CITY, That the minutes of the regularly scheduled City Commission Meeting held on Thursday, February 2, 2017, be and the same are hereby approved. Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, the following resolution was offered for adoption. JOHNSON CITY, That the addition to the agenda to give direction to the Johnson City Development Authority (JCDA) regarding the Landmark Sign, be and the same is hereby approved. On February 2, 2017, the Commission directed the JCDA to have funding for the Landmark sign identified and secured within 120 days (first of June). Additionally, the JCDA is directed to submit a project timeline, completion date and final design approval within that same timeframe. 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. There were no nay votes. JOHNSON CITY, That the addition to the agenda of the consideration of a beer license for Southern Craft Bar-B-Que, LLC, 601 Spring Street, Johnson City, Tennessee, be and the same is hereby approved. At this time, Mayor David Tomita presented a proclamation recognizing the Langston Heritage Group. Danny Williams, Starlet Williams, Robert McKinney, Wayne Robertson and Ralph Davis were present. 1

2 At this time, Mayor David Tomita presented a Retirement Resolution to Terry Cox, Water& Sewer Services. Tom Witherspoon, Water/Sewer Director, commended Mr. Cox for his service. Pete Peterson, City Manager, presented his retirement watch. 2

3 Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, the following resolution was offered for adoption. JOHNSON CITY, That a beer license for Fire Spot Pizza LLC, 1800 West Market Street, Johnson City, Tennessee, be and the same is hereby approved. Danilo Olivares was present. Upon motion by Commissioner Ralph Van Brocklin, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. JOHNSON CITY, That a beer license for EZ Mart LLC, 3658 West Market Street, Johnson City, Tennessee, be and the same is hereby approved. Kruti Brahmbhatt was present. At this time, a public hearing was held regarding a Certificate of Public Convenience and Necessity for Michael Mahar, Cheap Taxi, 112 Five Oaks Drive, Johnson City, Tennessee. No one spoke for or against this item. Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, the following resolution was offered for adoption. 3

4 JOHNSON CITY, That a Certificate of Public Convenience and Necessity for Michael Mahar, Cheap Taxi, 112 Five Oaks Drive, Johnson City, Tennessee, be and the same is hereby approved. Upon motion by Commissioner Ralph Van Brocklin, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. JOHNSON CITY, That a beer license for Southern Craft Bar-B-Que, LLC, 601 Spring Street, Johnson City, Tennessee, be and the same is hereby approved. Rafael Zabala was present. At this time, City Manager Pete Peterson presented the City Manager s Report. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The motion carried by four ayes. There were no nay votes. JOHNSON CITY, That the reappointments of Bobby Jobe, Gerald Thomas and Jim Thornton and the appointment of Tony Treadway, to the Johnson City Industrial Development Board, be and the same are hereby approved. Upon motion by Vice-Mayor Jenny Brock, seconded by Mayor David Tomita, the following resolution was offered for adoption. The motion carried by four ayes. There were no nay votes. JOHNSON CITY, That a street closing for the Run for Your Buns 5K on Saturday, March 4, 2017, from 7:00 a.m. until 11:00 a.m., as requested by Mountain States Health Alliance, be and the same is hereby approved. Karen Hubbs was present. Upon motion by Commissioner Todd Fowler, seconded by Commissioner Ralph Van Brocklin, the following resolution was offered for adoption. JOHNSON CITY, That a street closing for the Chasing Snakes 10K Road Race and 4K Fitness Walk on Saturday, March 18, 2017, from 12:00 a.m. until 1:00 p.m., as requested by St. John s Episcopal Church, be and the same is hereby approved. Jon Clark was present. Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, the following resolution was offered for adoption. 4

5 JOHNSON CITY, That a street closing for the Girls on the Run 5K on Saturday, May 6, 2017, from 6:00 a.m. until Noon, as requested by Girls on the Run of NE Tennessee, be and the same is hereby approved. Ani Boyd was present. Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, the following resolution was offered for adoption. JOHNSON CITY, That the Consent Agenda for February 16, 2017, be and the same is hereby approved. CONSENT AGENDA: A. GENERAL: i. Development Services Department Consider approval of TDOT contract for Federal Transit Administration Section 5303 Metropolitan Transportation Planning Assistance Grant in the amount of $55, for Federal Fiscal Year 2016 (TDOT Project # S3-015 FTA Project #TN ) ii. Transit Consider approval of TrAMS application for additional Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities Program Capital Funds iii. Administration Consider approval of the Certificate of Substantial Completion for Beuris Construction Inc. on the Main Entrance-Vestibule Lobby Modifications Project at SHHS Career Technical Center iv. Administration Consider approval of Change Order #1 for Construction Partners LLC on the Pine Oaks Golf Course Maintenance Building Renovations Project for a contract deduction of ($686.44) v. Administration Consider approval of Change Order #1 for Construction Partners LLC on the Partial Demolition & Gymnasium Wing Modifications Project at Langston High School. The request is for a thirty-(30) day extension to the original contract 5

6 making the date of substantial completion April 6, 2017 B. INVOICES: i. Barge Waggoner Sumner & Cannon $ Water & Sewer Services ~ Task Order #1 Bunker Hill Water Storage Tank Replacement Project Funding Source: Budgeted Expense ii. CDM Smith $4, Water & Sewer Services ~ Task Order #16 Regional WWTP Blower Installation & Lighting Upgrade Funding Source: Budgeted Expense iii. Tysinger, Hampton & Partners $12, Water & Sewer Services ~ Work Order #4 Austin Springs Road Waterline Upgrade Funding Source: Budgeted Expense iv. Butler Appraisal Group $7, Public Works Department ~ Pay Request #1 Knob Creek Road CSX Railroad Overpass Project Funding Source: Federal & 20% Local Match v. Dunn & Metz Appraisal Group $11, Public Works Department ~ Pay Request #3 Knob Creek Road CSX Railroad Overpass Project Funding Source: Federal & 20% Local Match vi. Summers Taylor, Inc $23, Public Works Department ~ Pay Request #6 Boone Street Culvert Extension Project Funding Source: Stormwater Fund 6

7 vii. Energy Systems Group $781, Administration ~ Invoice # SHHS & School Energy Improvements Project Funding Source: Bond Funded viii. Shaw & Shanks Architects $ Administration ~ Invoice #6 Partial Demo & Gym Wing Langston High School Funding Source: Bond Funded ix. Construction Partners, LLC $46, Administration ~ Pay Request #6 Partial Demo & Gym Wing Langston High School Funding Source: Bond Funded x. Shaw & Shanks Architects $1, Administration ~ Invoice #5 Renovations to Pine Oaks Maintenance Building Funding Source: Bond Funded xi. Construction Partners, LLC $43, Administration ~ Pay Request #3 Renovations to Pine Oaks Maintenance Building Funding Source: Bond Funded C. BIDS i. ITB #6049 Summers-Taylor, Inc $967, Purchasing Department for Water & Sewer Lift Station Phase-Out Project Funding Source: Capital Plan 7

8 D. PURCHASES i. PowerSchool Group, LLC $37, Purchasing for JC Schools ~ Technology Department Annual Software Renewal Funding Source: General Purpose School Technology Funds Upon motion by Commissioner Todd Fowler, seconded by Commissioner Ralph Van Brocklin, the following resolution was offered for adoption. 8

9 JOHNSON CITY, That deferral, at the request of the Petitioner, of the public hearing and consideration of Ordinance No , AN ORDINANCE TO REZONE PROPERTY LOCATED ALONG BRISTOL HIGHWAY FROM PB (PLANNED BUSINESS) TO RP-2 (PLANNED RESIDENTIAL) FOR A PORTION OF TAX MAP 135 PARCEL 37, on third reading, be and the same is hereby approved. Upon motion by Commissioner Ralph Van Brocklin, seconded by Vice- Mayor Jenny Brock, Ordinance No , AN ORDINANCE AUTHORIZING A PARTIAL RELEASE OF A SEWER EASEMENT TO KINGSPORT INDUSTRIAL DEVELOPMENT BOARD AND LECLERC FOODS, was passed on third reading. ORDINANCE NO AN ORDINANCE AUTHORIZING THE PARTIAL RELEASE OF A SANITARY SEWER EASEMENT ON PROPERTY OWNED BY THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF KINGSPORT AND LEASED TO LECLERC FOODS TENNESSEE LLC, AND LOCATED IN SULLIVAN COUNTY, TENNESSEE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH BE IT ORDAINED BY THE CITY OF JOHNSON CITY as follows: SECTION I. That a partial release of a sanitary sewer easement located in Sullivan County, Tennessee is hereby authorized to the Industrial Development Board of the City of Kingsport (as owner) and to Leclerc Foods Tennessee, LLC (as lessee) in accordance with the attached partial release that is incorporated herein as if fully set forth verbatim. SECTION II. BE IT FURTHER ORDAINED that the Mayor of the City of Johnson City is hereby authorized to sign the attached partial release and such other instruments as may be reasonably necessary to effectuate the aforementioned transaction, which instruments shall in form and content be satisfactory to the City Manager and legal counsel for the City. SECTION III. BE IT FURTHER ORDAINED that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. 9

10 SECTION IV. 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 1/19/2017 PASSED IN OPEN, PUBLIC MEETING ON THE SECOND READING 2/2/2017 PASSED IN OPEN, PUBLIC MEETING ON THE THIRD READING 2/16/2017 APPROVED AND SIGNED IN OPEN MEETING ON THE 16 th DAY OF February, 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 STAFF ATTORNEY Upon motion by Commissioner Ralph Van Brocklin, seconded by Commissioner Todd Fowler, Ordinance No , AN ORDINANCE FOR THE CONVEYANCE OF 708 GARDNER STREET TO THE WASHINGTON COUNTY HUMANE SOCIETY, was passed on third reading. The motion carried by four ayes. There were no nay votes. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE HUMANE SOCIETY OF WASHINGTON COUNTY, INC. OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY THE CITY OF JOHNSON CITY, AND LOCATED IN THE EIGHTH (8TH) CIVIL DISTRICT OF WASHINGTON COUNTY, TENNESSEE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH BE IT ORDAINED BY THE CITY OF JOHNSON CITY as follows: SECTION I. That the conveyance is hereby authorized to The Humane Society of Washington County, Inc. of a certain parcel of property located in the Eighth (8th) Civil District of Washington County, Tennessee and shown on Exhibit A, which is attached hereto and incorporated herein by reference as if fully set forth verbatim. Conveyance of the above referenced property is hereby authorized in an as is condition in accordance with 10

11 RFP #6080 for a total purchase price of Two Thousand Dollars ($2,000.00). SECTION II. BE IT FURTHER ORDAINED that the Mayor of the City of Johnson City be and is hereby authorized to sign a quitclaim deed and such other instruments as may be reasonably necessary to effectuate the aforementioned conveyance, which instruments shall in form and content be satisfactory to the City Manager and legal counsel for the City. SECTION III. BE IT FURTHER ORDAINED that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. 11

12 SECTION IV. 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 1/19/2017 PASSED IN OPEN, PUBLIC MEETING ON THE SECOND READING 2/2/2017 PASSED IN OPEN, PUBLIC MEETING ON THE THIRD READING 2/16/2017 APPROVED AND SIGNED IN OPEN MEETING ON THE 16 th DAY OF February, 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 STAFF ATTORNEY 12

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14 At this time, Tara Fenner, Audit Manager, Blackburn, Childers & Steagall, made a presentation of the 2016 Fiscal Year Audit. At this time, Mayor David Tomita opened the public input session. Kenneth Bonner addressed the City Commission Board regarding the lack of diversity within senior management in local government. There being no further business or discussion, Mayor David Tomita adjourned the meeting at 7:16 p.m. DAVID TOMITA MAYOR JANET JENNINGS CITY RECORDER ITEMS DEFERRED: 1. Ordinance No , AN ORDINANCE TO REZONE PROPERTY LOCATED ALONG BRISTOL HIGHWAY FROM PB (PLANNED BUSINESS) TO RP-2 (PLANNED RESIDENTIAL) FOR A PORTION OF TAX MAP 135 PARCEL 37, on third reading and public hearing. ACTION ITEMS: 1. None. 14