City Council

City of Crossville 392 N. Main Crossville, TN 38555 Minutes Tuesday, May 8, 2018 6:00 PM Council Chambers City Council Mayor James Mayberry Mayor Pro-Tem J. H. Graham, III Council Member Pamala Harris Council Member Scot Shanks Council Member Danny Wyatt City Manager Greg Wood City Clerk Valerie Hale City Council Minutes May 8, 2018 The City Council for the City of Crossville met in regular session on Tuesday, May 8, 2018, at Crossville City Hall. Rollcall Present: 5 - Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry Others present: City Manager Greg Wood, City Attorney Will Ridley, City Clerk Valerie Hale, Assistant City Clerk Malena Fisher, David Beaty, Sarge Sarazen, Bobby Ross, Cliff Wightman, Scott Humphrey, Michael P. Sanderson, Paul Shipley, Jim Young, Gary Nelson, Charley Manker, David Brockway, Brad Adams, Ralph Reagan, Levonn Hubbard, Mike Turner, Rodney Smith, Tim Begley, Doug Parkey, Devin Diehl, Tammie French, and Fred Houston. BEER BOARD - 5:45 p.m. Mayor James Mayberry was present and presiding. He called the Beer Board to order at 5:45 p.m. Present: 5 - Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry 1. Mr. Zip’s An application has been received for an off premises beer permit from Dhruv Patel for Mr. Zip’s located at 209 Peavine Road. A motion was made by Mayor Pro-tem J. H. Graham, seconded by Council Member Pamala Harris, that the Permit be approved as recommended. The motion carried unanimously. With no further business, the Beer Board was adjourned at 5:46 p.m. REGULAR MEETING - 6:00 p.m. The City Council for the City of Crossville held its regular meeting on Tuesday, May 8, 2018 at 6:00 p.m. Call to Order City of Crossville Page 1 City Council Minutes May 8, 2018 Mayor James Mayberry was present and presiding. He called the meeting to order at 6:00 p.m. Ralph Reagan of the Bread of Life Rescue Mission provided the invocation. The Young Marines presented the colors and led the Pledge of Allegiance. 1. Proclamations/Presentations Presentations-May a)TCAT Crossville presentation to City of Crossville b)Crossville Cruisers presentation to City of Crossville TCAT President Cliff Wightman presented the City Council with a plaque as a token of appreciation for the City's cooperation with its truck driving school and their partner, TLD. TLD was nominated for the Silver Star Award by Mr. Wightman and TLD received the award recently. The program has been successful and has trained 296 students since the program began. Charley Manker of the Crossville Cruisers, thanked the Council for the opportunity to hold cruise-ins. The club feels it is successful in attracting visitors to the downtown area. He presented a plaque for the City's dedicated support of the downtown cruise-ins. The Presentations were made. 2. Public Comment There were no public comments. 3. Appointments a. Crossville Housing Authority Mayor Mayberry is re-appointing Bobby Randolph to an additional term on the Board of the Crossville Housing Authority which will expire May 30, 2023. Bobby Randolph was sworn in as a member of the Crossville Housing Authority board. Bobby Randolph was re-appointed. 4. Consent Agenda Approval of the Consent Agenda A motion was made by Mayor Pro-tem J. H. Graham , seconded by Council Member Scot Shanks, to approve the Consent Agenda items A-K, excluding E . The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry City of Crossville Page 2 City Council Minutes May 8, 2018 Ordinances on Third Reading a. Ordinance amending Section 8-304 Restriction on Buildings and Location of Retail (Liquor) Stores Section 8-304 Restriction on Buildings and Location of Retail (Liquor) Stores provides, “All retail sales shall be confined to the premises of the licensees. No curb service is permitted nor shall there be permitted drive in windows.” As the current ordinance is written, the City of Crossville cannot issue a certificate of compliance for liquor stores if any of the provisions of the intoxicating liquor chapter is violated, including drive-in windows. State law does not prohibit drive in windows. This Ordinance was adopted on third reading. Ordinances on First Reading b. Ordinance amending FY 17-18 Budget for the Depot reallocation of funds The City Council approved a budget amendment for the Depot that was included in the Palace Theatre department. The finance department set up a new department for the Depot; therefore, creating the need to move the original approved budget amendment from the Palace department to the new Depot department. This Ordinance was approved on first reading. c. Ordinance amending Crossville Municipal Code Section 8-307 regarding hours and days of operation for retail liquor stores Governor Haslam signed legislation to allow for the sale of liquor seven days a week, excluding Christmas, Thanksgiving, and Easter. Currently, the Crossville Municipal Code prohibits the sale of liquor on Sunday and Christmas, Thanksgiving, New Years Day, Labor Day, and July 4. Since it is a state law, the City’s local option to regulate the days and hours are preempted. This Ordinance was approved on first reading. Additional Consent Items d. Approval of minutes (04/10, 04/16) This Minutes were approved as recommended. e. Approval of the Eastern Blue Bird as the “Bird for the City of Crossville, Tennessee.” A request and petition has been received to designate the Eastern Blue Bird as the official City bird. The Blue Bird population decreased 90% from 1900-1960 due to the non-native, European House Sparrow, which take over nesting cavities of the blue bird. Since 1960, blue bird nest boxes have been introduced and the population has almost City of Crossville Page 3 City Council Minutes May 8, 2018 returned to original numbers. Cumberland County has a healthy blue bird population. The Cumberland County Blue Bird Club placed and currently monitors 130 blue bird nest boxes at Bear Trace Golf Course, four golf courses at Fairfield Glade, Uplands Village, and in the City of Crossville. The City Manager volunteered to solicit for nest boxes. The Mayor also spoke with TCAT President Cliff Wightman and the construction classes would be willing to build some nest boxes. A motion was made by Mayor James Mayberry, seconded by Council Member Pamala Harris, to designate the Eastern Blue Bird as the official bird for the City of Crossville. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry f. Approval of temporary street closing for Pro Troop Rally on July 4 Debbie Towns has requested that Main Street be closed on Wednesday, July 4, from 10 a.m. to 1:00 p.m. for the annual Pro-Troop Rally. This Permit was approved as recommended. g. Approval of temporary street closings for Crossville Cruisers The Crossville Cruisers are requesting that Main Street be closed on the 4th Saturday from April to October for cruise-ins. The times for each show are from 12:00 to 4:00 p.m. The club has requested that Main Street and the side streets be closed off from Lantana Road to North Street beginning at 11:45 a.m. This Permit was approved as recommended. h. Approval of contract with Atkins for engineering services for seal /stripe runway & taxiway project Grants have been awarded by the Tennessee Department of Transportation-Aeronautics Division for the rehabilitation of the airfield (95/5%). Atkins was approved by Council for a master contract for work at the airport. The costs have been approved by TDOT-Aeronautics. This Contract was approved as recommended. i. Approval of contract agreements with Board of Education for sewer lines at North Elementary, Brown Elementary, and South Elementary The City Attorney and Board of Education Attorney have written the agreements regarding the sewer lines being turned over to the City of Crossville. The Board of Education has approved the agreements. The Contracts were approved as recommended. j. Approval of application for The Boyd Foundation Dog Park Grant Mr. Wood & the Parks & Recreation Department request permission to pursue a $25,000 (no-match) grant for dog-park improvements. The deadline to submit is June City of Crossville Page 4 City Council Minutes May 8, 2018 20, 2018. All grants will be awarded and announced in July. This grant application was approved as recommended. k. Approval of grant application to the Department of Justice for grant money to purchase police vests The Department of Justice provides a grant program to pay 50% of costs for the purchase of vests for the police officers. Applications are due May 29, 2018. This grant application was approved as recommended. 5. Other Business a. Discussion and action on approval for application for Tennessee Agriculture Enhancement Program Grant (TAEP) The goal of TAEP (Tennessee Agricultural Enhancement Program) tree planting grant is to increase the tree resource base in cities and towns across the State of Tennessee. TAEP community tree planting grants require a 50-50 cash match. Match will be allowed for trees, shipping, purchased mulch, contracted planting, acknowledgement sign, and gator bags only. The City would be required to match 50 percent. The amount would need to be added to the 2018-2019 budget. The plans are to use the funds to purchase trees for Garrison Park. A motion was made by Mayor Pro-tem J. H. Graham, seconded by Council Member Scot Shanks, to approve application for the TAEP grant. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry b. Discussion and action on approval of TCRS contribution percentage for FY18-19 The percentage rate has been computed by TCRS actuarial system. The rate is 17.99%. The current rate the City pays is 18%. Council approval is requested to leave the rate the same as FY17-18. A motion was made by Mayor Pro-tem J. H. Graham, seconded by Council Member Scot Shanks, to approve the TCRS Contribution rate of 18% for FY18-19. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry c. Discussion and action on sewer line easement for Munro Smith Properties, LLC The City has a dedicated sewer line and easement, which is currently in use, and is located underneath the slab of the Kmart building. It was discovered on a recent ALTA survey by the Purchaser. The proposed easement states that the sewer line will be left alone. Also states that if, in the future, it fails, then, instead of disturbing the slab and structure, the City would abandon that part under the building and, at the City's expense, construct a by-pass line in the easement being conveyed in the easement. City of Crossville Page 5 City Council Minutes May 8, 2018 The City Attorney explained that easements are not normally approved by City Council; however, the new tenant wants to make sure the City will not destroy the ground or building. He asked for permission to make additional changes to the easement as he deems appropriate. The exhibits that will be referenced in the easement will be subject to staff approval. A motion was made by Mayor Pro-tem J. H. Graham, seconded by Council Member Pamala Harris, to approve the agreement for the sewer line easement and allow the City Attorney to revise as needed. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry d. Discussion and action on reimbursement to Board of Education for CCHS drainage project The Cumberland County School System has awarded a bid for replacing the drainage system from Stanley Street to just past the northern end of the track. This project encompasses all of the drainage under the football field and the track. The total project cost is $435,000. In the bid specifications, the engineer had the storm inlet structure just north of Stanley Street and the mainline storm sewer broken out in price. The cost of the structure is $10,000 and the cost of the mainline at $133,000. The Director of Schools, Janet Graham, has asked for assistance in paying for these two items. The Director of Engineering recommends that the City reimburses the Cumberland County School System for the inlet structure, because the City’s pipe connects to one side and the school’s pipe connects to the other, and we do not know who owns the structure which is located partially in the ROW. The grate on the structure is also substandard, which would not support a vehicle if a vehicle left the roadway and could be considered a liability to the City. A motion was made by Council Member Danny Wyatt, seconded by Mayor James Mayberry, to approve reimbursement to the Cumberland County Board of Education of $10,000 for the storm inlet structure with a budget amendment on first reading. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry 6. City Attorney's Report City Attorney’s Report City Attorney Ridley reported no new litigation had been filed since the last meeting. The City Attorney requested permission to file a motion before Criminal Court Judge to sell confiscated and old guns at auction. The guns will be sold by the County at their annual Gun & Knife Show with the County receiving a 10% seller's fee. A motion was made by Council Member Danny Wyatt, seconded by Mayor Pro-tem J. H. Graham, to give authorization to sell old and confiscated guns at auction. The motion carried by the following vote: City of Crossville Page 6 City Council Minutes May 8, 2018 Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry City Attorney Ridley reported on the property on Old Mail Road that the City is attempting to condemn. He stated there is a lien in front of the City's for a few thousand dollars by a local doctor. The City Attorney has worked out an agreement to move forward with condemnation and any proceeds from the future sale, the doctor would be entitled to 25% of the proceeds up to the lien amount. A motion was made by Mayor Pro-tem J. H. Graham, seconded by Council Member Scot Shanks, to allow City Attorney to enter into the agreement to move forward with condemnation. The motion carried by the following vote: Aye: 5- Mayor Pro-tem J. H. Graham, Council Member Danny Wyatt, Council Member Pamala Harris, Council Member Scot Shanks and Mayor James Mayberry 7. City Manager's Report City Manager's Report City Manager Greg Wood gave the monthly revenue reports for sales tax, wholesale beer, retail liquor, police & fire statistics, water loss, building permits, special projects, bonded debts, grants, and the Chamber of Commerce scorecard. He also reported the the official groundbreaking ceremony was held May 8 for the building pad, clearing started last week. The sludge presses are in place at the wastewater treatment plant and expect for project to begin moving forward, excellent progress being made at water treatment plant on chemical building, and street paving should begin within a month or two. ADJOURNMENT With no further business to conduct, the meeting adjourned at 6:23 p.m. City of Crossville Page 7