City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING July 3, 2012 CALL TO ORDER: The City of Bristol, Tennessee City Council Meeting was called to order by Mayor David Shumaker on Tuesday, July 3, 2012, at 7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor David Shumaker, Vice Mayor Joel Staton, Councilwoman Michelle Dolan, Councilwoman Margaret Feierabend, and Councilman Ben Zandi. Others Present: City Manager Jeff Broughton; City Attorney Jack Hyder; Secretary Terry Copenhaver-Horak; and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Pastor Dan Birchfield of East Bristol Baptist Church gave the invocation, and Mayor Shumaker led the pledge of allegiance. SELECTION OF MAYOR AND VICE MAYOR: Councilwoman Feierabend nominated Joel Staton to be Mayor, and Councilwoman Dolan seconded. The motion passed by unanimous roll call vote. Mayor Staton nominated Councilman Zandi to be Vice Mayor, and Councilwoman Dolan seconded. The motion passed by unanimous roll call vote. The meeting was recessed at 7:07 p.m. for a reception to congratulate the newly elected Mayor and Vice Mayor. Mayor Staton reconvened the meeting at 7:25 p.m. AGENDA ADDITIONS AND/OR CHANGES: City Manager Broughton requested a Proclamation for South Holston Lake and River Clean-Up Day be added to the agenda under the Proclamations and Recognitions portion of the agenda. PROCLAMATIONS AND RECOGNITIONS: 20th Annual South Holston Lake and River Clean Up Day - Councilman Shumaker read a proclamation designating August 4, 2012, as South Holston Lake and River Clean-Up Day. The proclamation was presented to Dr. Mark Webb, Chair, who thanked Council for their support.  City Council Meeting July 3, 2012 Page 2 of 6 PRESENTATIONS: None. PUBLIC HEARINGS: Ordinance 12-7 - An Ordinance to Amend Sections 220, 203, and 502 of the Zoning Ordinance Relating to Adult Oriented Establishments. City Attorney Jack Hyder reviewed this Ordinance that will ensure appropriate regulations are in place to protect the community against adverse secondary effects of adult uses and to conform to current legal requirements. Such uses will be a permitted use in the B-3 District and M-2 District with certain distance and separation requirements. Mayor Staton invited comments from the public, and there were none. APPEARANCE OF CITIZENS: None. APPOINTMENTS: A. Better Property Board - John Cartwright, Randy Cook, and Wayne Humphrey were appointed to three-year terms of office ending June 30, 2015, by unanimous roll call vote. B. Emergency Communications District - Frank Blanton and Shelton Hillman were appointed to serve four-year terms ending June 30, 2016, by unanimous Council vote. C. Housing and Redevelopment Authority - Joseph Dowlingsoka was appointed to serve a five-year term of office ending March 31, 2017, by the following Council vote: Councilwoman Feierabend Joseph Dowlingsoka Mayor Staton Joseph Dowlingsoka Councilman Shumaker Joseph Dowlingsoka Vice Mayor Zandi John Gaines Councilwoman Dolan John Gaines D. Parks and Recreation Commission - Chris Estep was appointed to a three-year term of office ending June 30, 2015, by unanimous Council vote. E. Planning Commission - Larry Clarke, Kelly Graham, and Mark Webb were appointed to three-year terms of office ending June 30, 2015, by unanimous Council vote. F. Power Board - Bryan Boyd was appointed to a four-year term of office ending June 30, 2016, by unanimous Council vote.  City Council Meeting July 3, 2012 Page 3 of 6 ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 12-8 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as B-3, General Business District (1400 Southside Avenue). City Manager Broughton reviewed this ordinance that rezones 1.75 acres from R-2, Single Family and Duplex Residential District, to B-3, General Business District. The property is the home of Woodlawn Baptist Church. Mayor Staton invited comments from the public, and there were none. Vice Mayor Zandi moved to approve the ordinance on first reading, and Councilman Shumaker seconded. The motion passed by unanimous roll call vote. B. Adoption of Ordinances (Second Reading): Ordinance 12-7 - An Ordinance to Amend Sections 220, 203 and 502 of the Zoning Ordinance Relating to Adult Oriented Establishment. Reviewed as part of the public hearing portion of the agenda by City Attorney Hyder, Councilwoman Feierabend moved to approve the ordinance on second reading, and Vice Mayor Zandi seconded. The motion passed by unanimous roll call vote. C. Resolutions: 1. Resolution 12-70 - A Resolution Approving a Temporary Exception to Wastewater Discharge Criteria for Dynamic Recycling LLC and Applying a Surcharge. City Manager Broughton reviewed this resolution which authorizes a wastewater discharge exception and sewer surcharge to Dynamic Recycling LLC. The company is seeking the exception to allow wastewater discharge from its proposed ethanol recovery operation in the Municipal Industrial Park, and will allow the discharge of biochemical oxygen demand (BOD) at an average daily limit of up to 15,000 mg/L and with a maximum daily limit of 18,000 mg/L a day. A biochemical oxygen demand greater than 2,800 mg/L requires an exception. In addition, the resolution establishes a surcharge of six cents per pound of BOD that will be applied to all BOD above 300 mg/L per day, which will cover the incremental cost of treatment. Mayor Staton invited comments from the public, and there were none. Councilman Shumaker moved to approve the resolution, and Vice Mayor Zandi seconded. The motion passed by unanimous roll call vote.  City Council Meeting July 3, 2012 Page 4 of6 2. Resolution 12-71 - A Resolution Approving the Submission of an Application to the Tennessee Department of Economic and Community Development under the FastTrack Infrastructure Development Program to Assist in Providing Drainage Modifications and Infrastructure Improvements and Relocations at 220 North Industrial Drive in Bristol Tennessee. City Manager Broughton reviewed this resolution that seeks funding to assist Dynamic Recycling, LLC with infrastructure improvements and drainage modifications at 220 North Industrial Drive. The estimated $224,000 project will be funded with a FIDP grant of $184,000, with the required local 18% match paid by the company. Mayor Staton invited comments from the public, and there were none. Vice Mayor Zandi moved to approve the resolution, and Councilman Shumaker seconded. The motion passed by unanimous roll call vote. 3. Resolution 12-72 - A Resolution Approving the Submission of an Application to the Tennessee Department of Economic and Community Development under the FastTrack Infrastructure Development Program to Assist in Providing Infrastructure and Other Improvements, and an Economic Development Grant for Facility Improvements at 2536 West State Street. City Manager Broughton reviewed this resolution that seeks funding at the former Touchstone Wireless facility. An FDIP grant of approximately $154,000 is being sought for site and infrastructure improvements, with the required 18% match to be paid by the owner/company. Funds are also being requested from the new Economic Development Grant Fund. An application will be submitted once program guidelines are established, with local match funds to be paid by the developer/or company. Mayor Staton invited comments from the public, and there were none. Councilwoman Dolan moved to approve the resolution, and Vice Mayor Zandi seconded. The motion passed by unanimous roll call vote. 4. Resolution 12-75 - A Resolution Authorizing the Purchase of Real Property. City Manager Broughton reviewed this resolution, which authorizes the purchase of a 0.17 acre lot located at 415 McDowell Street for a price not to exceed $42,500. Mayor Staton invited comments from the public, and there were none. Councilman Shumaker moved to approve the resolution, and Councilwoman Feierabend seconded. The motion passed by unanimous roll call vote. CONSENT AGENDA: City Manager Broughton presented the Consent Agenda to Council. Councilman Zandi moved to approve, and Councilwoman Feierabend seconded. The following items were approved by unanimous Council vote: • Minutes - June 5, 2012, City Council Meeting;  City Council Meeting July 3, 2012 Page 5 of 6 • Resolution 12-57 - A Resolution Awarding Bid for the Purchase of Bulk Asphalt Materials; • Resolution 12-58 - A Resolution Awarding Bid for the Purchase of In-place Asphalt; • Resolution 12-59 - A Resolution Awarding a Bid for the Purchase of Highway Pavement Marking Application and Removal; • Resolution 12-60 - A Resolution Authorizing Payment in Support of Bristol Tennessee Schools for Fiscal 2013; • Resolution 12-61 - A Resolution Awarding Bids for the Purchase of Delivered Limestone and Sand; • Resolution 12-62 - A Resolution Authorizing Payment in Support of the Industrial Development Board of the City of Bristol, Tennessee; • Resolution 12-63 - A Resolution Approving a Grant Agreement with the Tennessee Department of Transportation for the Utilization of Federal Transit Administration Section 5303 Funds; • Resolution 12-64 - A Resolution Authorizing the Purchase of Software Support for Computer Aided Dispatch System; • Resolution 12-65 - A Resolution Awarding Bids for the Purchase of Limestone and Sand on a Picked-Up Basis; • Resolution 12-66 - A Resolution Awarding Bid for the Purchase of Water and Sewer Supplies; • Resolution 12-67 - A Resolution Authorizing the Purchase of Software Support for Financial Software System; • Resolution 12-68 - A Resolution Awarding Bid for the Purchase of Highway Salt; • Resolution 12-69 - A Resolution Approving the Submittal of a Grant Application to the U.S. Department of Homeland Security under its Assistance to Firefighters Grant Program; • Resolution 12-73 - A Resolution Authorizing the Submittal of a Grant Application to the Tennessee Department of Agriculture under its Urban Forestry Program; and • Resolution 12-74 - A Resolution Authorizing the Submittal of a Grant Application to the Tennessee Department of Agriculture under its Urban Forestry Program.  City Council Meeting July 3, 2012 Page 6 of 6 CITY MANAGER'S REPORT: Mr. Broughton introduced Kristi Haulsee, the city's new Business Development Specialist. CITY COUNCIL COMMENTS: Councilman Shumaker thanked everyone for their support during his year as Mayor. Mayor Staton thanked Council for electing him as Mayor for the coming year. Councilwoman Feierabend commended Mr. Broughton for being named City Manager of the Year by Tennessee City Manager's Association. Councilwoman Dolan shared her experience attending a ceremony where Bill Gatton was awarded a flag by the Sons of the American Revolution for his patriotism. There being no further business, the meeting was adjourned at 8:27 p.m. f \ Joel Staton, Mayor f. Tara E. Musick, City Recorder