COMMISSION MEETING MINUTES SEPTEMBER 7, 2017

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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

PRESENT: Mayor David Tomita, Vice-Mayor Jenny Brock, Commissioners Todd Fowler, Ralph Van Brocklin and Joe Wise, Pete Peterson, City Manager, and Janet Jennings, City Recorder.

Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by four ayes.

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, September 7, PRESENT: Mayor David Tomita, Vice-Mayor Jenny Brock, Commissioners Todd Fowler, Ralph Van Brocklin and Joe Wise, 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, Commissioner Joe Wise 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 motion carried by four ayes. Commissioner Ralph Van Brocklin was absent. There were no nay votes. JOHNSON CITY, That the minutes of the regularly scheduled City Commission Meeting held on Thursday, August 17, 2017, be and the same are hereby approved. At this time, Mayor David Tomita presented a proclamation recognizing Samuel B. Miller for a lifetime of service to the community. Mr. Miller was joined by his son and grandson. At this time, Mayor David Tomita presented a proclamation recognizing Suicide Prevention Month. Heatherly Sifford, Johnson City 1

2 Medical Center, and Sarah Lovelace, Washington County Health Department, were present to accept. At this time, Mayor David Tomita presented a proclamation recognizing Constitution Week. Johnda Burdette, Carol Redman, Donna Hunter and Claire Oldham, representing the different area chapters of Daughters of the American Revolution, were present to accept. 2

3 At this time, presentations recognizing PTA Membership Enrollment Emphasis Month, and Johnson City Fire Fighters and Excellence in Risk Management Awards were deferred. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The motion carried by four ayes. Commissioner Ralph Van Brocklin was absent. There were no nay votes. JOHNSON CITY, That a Temporary Occasion License for UMOJA United Committee to sell beer on September 8, 2017, during the Friday After Five event at the Farmers Market, Johnson City, Tennessee, be and the same is hereby approved. Wayne Robertson was present. Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a Temporary Occasion License for Johnson City Brewing Company to sell beer during the All Fired Up event located at 410 East State of Franklin Road, Johnson City, Tennessee (Rain Location 308 East Main Street), be and the same is hereby approved. Katherine Latham was present. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That the addition to the agenda of the consideration of a Temporary Occasion License for the Blue Plum Organization to sell beer on September 15 and 29, 2017 at the Founders after Five events at Founders Park, Johnson City, Tennessee, be and the same is hereby approved. Upon motion by Commissioner Todd Fowler, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That a Temporary Occasion License for the Blue Plum Organization to sell beer on September 15 and 29, 2017 at the Founders after Five events at Founders Park, Johnson City, Tennessee, be and the same is hereby approved. Dianna Cantler was present. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a street closing from 4:00 A.M. until Noon on Sunday, September 24, 2017, as requested by the Goose Chase to 3

4 accommodate the Bluegrass Half Marathon, be and the same is hereby approved. Karen Hubbs was present. Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a street closing from 2:30 p.m. until 5:00 p.m. on Sunday, October 22, 2017, as requested by the American Cancer Society to accommodate the Making Strides Against Breast Cancer 5K, be and the same is hereby approved. Holly Booker was present. 4

Upon motion by Commissioner Todd Fowler, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The JOHNSON CITY, That a street closing from 7:00 a.m. until 10:00 p.m. on Saturday, October 28, 2017, as requested by the Science Hill Band Boosters to accommodate the Hilltopper Invitational Marching Competition, be and the same is hereby approved.

5 Upon motion by Commissioner Todd Fowler, seconded by Commissioner Joe Wise, the following resolution was offered for adoption. The JOHNSON CITY, That a street closing from 7:00 a.m. until 10:00 p.m. on Saturday, October 28, 2017, as requested by the Science Hill Band Boosters to accommodate the Hilltopper Invitational Marching Competition, be and the same is hereby approved. John Toms was present. 5

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 5:00 a.m. until Noon on Saturday, December 2, 2017, as requested by Girls on the Run Northeast Tennessee to accommodate the Girls on the Run 5K, be and the same is hereby approved.

6 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 5:00 a.m. until Noon on Saturday, December 2, 2017, as requested by Girls on the Run Northeast Tennessee to accommodate the Girls on the Run 5K, be and the same is hereby approved. Ani Boyd and Jessica Thomas were present. 6

7 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 6:00 a.m. until 11:00 a.m. on Saturday, May 5, 2018, as requested by Girls on the Run Northeast Tennessee to accommodate the Girls on the Run 5K, be and the same is hereby approved. Ani Boyd and Jessica Thomas were present. 7

8 Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That an addition to the agenda to consider an Emergency Fuel Procurement Agreement with Indigo Energy Partners, be and the same is hereby approved. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That an Emergency Fuel Procurement Agreement with Indigo 8

9 Energy Partners, be and the same is hereby approved. Upon motion by Commissioner Todd Fowler, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That the Consent Agenda for September 7, 2017, be and the same is hereby approved. CONSENT AGENDA: A. GENERAL: i. Consider approval of the Letter of Engagement from Windrow Phillips Group to provide Government Relations Counsel for FY (Administration) ii. Consider declaring certain Public Works: Street Department equipment as surplus: One-(1) 1996 Ford F150 (Purchasing for Public Works Dept) iii. Consider approval of payment to Johnson City Development Authority in the amount of $168, for Fiscal Year 2017 (Tax Year 2016) Tax Increment Financing Payment (Finance Department) iv. Consider Change Order #1 for a net contract decrease in the amount of $10, for Construction Partners, LLC on the City Services Complex Breezeway Renovation Project (Fleet Management) v. Consider a Lease Agreement with the Disabled American Veterans for the Parking Lot located between 405 and 407 East Market Street (Administration) vi. Consider Certificate of Substantial Completion for BurWil Construction Company on the Freedom Hall Civic Center (Pool Area) Renovations & Additions Project (Administration) vii. Consider approval of the FY HUD/THDA Emergency Solutions Grant Agreements with three-(3) local community service agencies in the total amount of $150,000 (Development Services) 9

10 viii. Consider approval of the Mosquito Control Grant Contract in the amount of $20,430 (Public Works Department) ix. Consider approval of moving expenses in the amount of $8,667 for Tract 12 on the Knob Creek Road / CSX Railroad Overpass Project (Public Works Department) x. Consider Change Order #1 requesting a contract price reduction of $1, and a request for a 58-day extension due to weather and slow response from utilities on the Mountainview / Browns Mill Road Roundabout Project. (Public Works Department) xi. Consider Change Order #2 requesting a cost increase of $7, for Summers-Taylor on the Mountainview / Browns Mill Road Roundabout Project. (Public Works Department) xii. Consider approval of an Amendment to Task Order #1 for Barge Waggoner Sumner & Cannon on the Bunker Hill Water Tank Replacement project (Water & Sewer Services) 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 $21, Water & Sewer Services Brush Creek & Knob Creek Wastewater Treatment Plant Improvements Funding Source: Bond Funded iii. Frizzell Construction Co $444, Water & Sewer Services ~ Pay Request #17 Brush Creek & Knob Creek Wastewater Treatment Plant Improvements 10

11 Funding Source: Bond Funded iv. Raftelis Financial Consultants $ Water & Sewer Services Johnson City Water & Wastewater Model Update Funding Source: Budgeted Expense v. Summers-Taylor Inc $361, Water & Sewer Services ~ Pay Request #4 Tannery Knob Water Tank Replacement Funding Source: Bond Funded vi. Summers-Taylor Inc $178, Water & Sewer Services ~ Pay Request # Sewer Lift Station Phase Out Project Funding Source: Budgeted Expense vii. Summers-Taylor Inc $289, Public Works Department ~ Invoice No. 5 & 6 Mountainview Road/Browns Mill Road Roundabout Project Funding Source: 100% Federal Funding viii. Mattern & Craig $15, Public Works Department ~ Invoice # Mountainview Road/Browns Mill Road Roundabout Project Funding Source: 100% Federal Funding ix. S&ME $22, Public Works Department ~ Invoice # FINAL PAYMENT Cobb Creek Stormwater Study Funding Source: Stormwater Fund x. Cannon & Cannon Inc $1, Public Works Department Downtown Johnson City LED Lighting Design 11

12 Funding Source: General Fund (Street Lighting) xi. Smith Seckman Reid $22, Public Works Department ~ Invoice # Indian Ridge & State of Franklin Intersection Project Funding Source: 80% Federal & 20% Local Funding xii. Thomas Construction Co $100, Public Works Department ~ Pay Request #7 King Creek Basin Project Funding Source: Stormwater Fund xiii. Thomas Construction Co $225, Public Works Department ~ Pay Request #8 King Creek Basin Project Funding Source: Stormwater Fund xiv. Barge Waggoner Sumner & Cannon $4, Public Works Department ~ Invoice # Downtown Plaza Master Plan Funding Source: Stormwater Fund xv. Construction Partners $8, Fleet Management ~ Pay Request #3 FINAL PAYMENT City Services Complex Breezeway Renovation Project Funding Source: Capital Project Fund xvi. BurWil Construction Company $149, Administration ~ Pay Request #16 Freedom Hall Civic Center Renovations & Additions Funding Source: Bond Funded xvii. Burleson Construction $1, Administration ~ Invoice #

13 Freedom Hall Civic Center Renovations & Additions Funding Source: Bond Funded xviii. Shaw & Shanks Architects $27, Administration ~ Invoice #1 Liberty Bell New Cafeteria & Gymnasium Building Funding Source: Bond Funded C. BIDS i. ITB #R6141 Heavy Duty Lift Co $43, Purchasing for Transit Department Vehicle Lift Funding Source: Federal, State & Local Funds ii. ITB #6156 Nixon Power Supply $29, Purchasing for Water & Sewer Services Standby Emergency Generator 13

14 Funding Source: Rate Funded Capital iii. ITB #6158 American Fueling Systems & Petroleum.... $2,337, Fleet Management Gasoline & Fuel Contract 14

15 Funding Source: Budgeted Expense iv. ITB #6159 Stringfellow $37, Purchasing for Public Works: Street Department Trailer Mounted Vacuum Leaf Loader 15

16 Funding Source: Capital Equipment Fund D. PURCHASES i. Dell $26, Purchasing for Johnson City Schools: Technology Division Chromebooks Funding Source: General Purpose Technology Funds ii. Municipal Emergency Services $189, Administration for Fire Department 30 Self-Contained Breathing Apparatus Funding Source: General Fund Upon motion by Commissioner Joe Wise, seconded by Commissioner Ralph Van Brocklin, Ordinance No , AN ORDINANCE TO CONVEY A PORTION OF RIGHT-OF-WAY ON MOUNTCASTLE DRIVE TO GREG ISBELL, 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 Ordinance No No one spoke for or against this item. 16

17 Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, Ordinance No , AN ORDINANCE FOR THE APPROVAL OF THE ABANDONMENT OF A PORTION OF HAMILTON PLACE RIGHT-OF-WAY, was passed on second reading. The motion carried by five ayes. There were no nay votes. Upon motion by Commissioner Joe Wise, seconded by Vice-Mayor Jenny Brock, the following resolution was offered for adoption. The JOHNSON CITY, That a Resolution for the annexation of property located at 3244 Knob Creek Road (Ordinance No ), be and the same is hereby approved. Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, Ordinance No , AN ORDINANCE FOR THE ANNEXATION OF PROPERTY LOCATED AT 3244 KNOB CREEK ROAD, was passed on third reading. The 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 ASSIGNING A RP-2 (PLANNED RESIDENTIAL) TO CERTAIN PROPERTY WITHIN THE ELEVENTH (11 TH ) CIVIL DISTRICT OF WASHINGTON COUNTY, TENNESSEE KNOWN AS THE MACKIE ANNEXATION. 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 assigning the zoning on the following described property of a RP-2 (Planned Residential) District. See description marked "Exhibit 'A'" hereto. See map of the above-described property marked "Exhibit 'B'" hereto. 17

18 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 8/3/2017 PASSED ON SECOND READING 8/17/2017 PASSED ON THIRD READING 9/7/2017 APPROVED AND SIGNED IN OPEN MEETING ON THE 7 th DAY OF September, 2017 ATTEST: /s/ David Tomita MAYOR /s/ Janet Jennings City Recorder APPROVED AS TO FORM: /s/ James H. Epps, IV Staff Attorney 18

19 EXHIBIT A 19

20 EXHIBIT B 20

21 Upon motion by Commissioner Joe Wise, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a Resolution to rescind the external fee schedule for GIS data and map products, be and the same is hereby approved. Upon motion by Vice-Mayor Jenny Brock, seconded by Commissioner Todd Fowler, the following resolution was offered for adoption. The JOHNSON CITY, That a one (1) year contract between the City and First Tennessee Development District (FTDD) for the Administration and Implementation of a Community Development Block Grant (CDBG) Housing Rehabilitation Program for a total amount of $350,000, be and the same is hereby approved. Upon motion by Commissioner Joe Wise, 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 Fiscal Year contract between the City of Johnson City and East Tennessee State University (ETSU) Day Center for public facility improvements with CDBG, 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. The JOHNSON CITY, That the deferral of the consideration of approving increased Fair Market Values for Tracts 23, 24, 25, 26 and 31, in the aggregate amount of $5,700, on the Knob Creek Road/CSX Railroad Overpass Project, for two weeks, to allow staff the opportunity to discuss with the appraiser the expectation that they absorb the overages caused by their delay, be and the same is hereby approved. 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. Commissioner Ralph Van Brocklin voted nay. 21

22 JOHNSON CITY, That the Tree Streets Neighborhood Mural Project, be and the same is hereby approved. Upon motion by Commissioner Joe Wise, seconded by Commissioner Ralph Van Brocklin, the following resolution was offered for adoption. The JOHNSON CITY, That deferral of the Johnson City Street Mural Program to a workshop setting, be and the same is hereby approved. At this time, Patrick McMahon, S&ME, presented the results of the Cobb Creek Stormwater Study. At this time, Tom Witherspoon, Water/Sewer Director, presented the Water/Sewer Capital Project Update. At this time, Mayor David Tomita opened the public input session. Peg Pickens inquired regarding upcoming meetings related to renaming a City street to Martin Luther King Boulevard. There being no further business or discussion, Mayor David Tomita adjourned the meeting at 8:31 p.m. DAVID TOMITA MAYOR JANET JENNINGS CITY RECORDER ITEMS DEFERRED: 1. Presentations recognizing PTA Membership Enrollment Emphasis Month and Johnson City Fire Fighters and Excellence in Risk Management Awards. 2. The consideration of increased Fair Market Values for Tracts 23, 24, 25, 26 and 31, in the amount of $5,700, on the Knob Creek Road/CSX Railroad Overpass Project, for two weeks, to allow staff the opportunity to discuss with appraiser the expectation that they absorb the overages caused by their delay. 3. The Johnson City Street Mural Program to a workshop setting. ACTION ITEMS: 1. None. 22

Mayor David Tomita called the meeting to order at 6:02 p.m.

Mayor David Tomita called the meeting to order at 6:02 p.m. 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