City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING September 3,2013 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Michelle Dolan on Tuesday, September 3,2013, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Michelle Dolan, Vice-Mayor Lea Powers, Councilwoman Margaret Feierabend, Councilman Chad Keen, and Councilman Jack Young. Others Present: Interim City Manager 'William L. Sorah; City Attorney Jack Hyder; City Recorder Tara Musick; Secretary Megahn Eads; and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Councilman Jack Young gave the invocation, and Councilman Chad Keen led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Suicide Prevention Awareness Month - Vice-Mayor Powers read a proclamation recognizing September as Suicide Prevention Awareness Month. The proclamation was presented to Mr. Harold Leonard. Diaper Need Awareness Week - Councilwoman Feierabend read a pro clamation recognizing September 9tn - 15tn as Diaper Need Awareness Week. This proclamation was to be presented to Samuel Jones, Tri-Cities Diaper Ministry, but he was unable to attend. PRESENTATIONS: None PUBLIC HEARINGS: Ordinance 13-5 - An Ordinance to Establish the Property Tax Rate for the X'iscal Year July Ln 2013 through June 30,2014 Interim City Manager Sorah reviewed Ordinance 13-5 which would raise the tax rate $.18 per $100 of assessed value as proposed. Interim City Manager Sorah noted that $.06 of this rate is  City Council Meeting September 3,2013 Page2 of 6 the equalization rate while the other $.12 would be used for increased support for municipal operations, programs, schools, and debt. Historically, the issue of a property tax increase is only visited by Council every four years during the reappraisal year. Councilwoman Feierabend asked what the effect would be on fund balance if this Ordinance passed as proposed. Interim City Manager Sorah responded that, if the budget passed as proposed, there would still need to be an $878,000 drawdown of fund balance in the General Fund to balance the budget. There were no comments made by citizens during this public hearing. Ordinance 13-6 - An Ordinance to Amend Section 308.C.3 of the Zoning Ordinance Relating to Setback in the Established Residential Neighborhood (R-E) District Interim City Manager Sorah reviewed Ordinance 13-6 which would amend the Zoning Ordinance dealing with front and side yard setbacks. This amendment would stipulate front yard setbacks as the average of those on the same block on the same side of the street and all side yard to be five feet. There were no comments made by citizens during this public hearing. APPEARANCE OF CITIZENS: Mr. Tom Heibel, 716 Bluff City Highway, addressed Council concerning alternate revenue streams. Mr. Heibel stated that he was appreciative of Mayor Dolan's stance on the tax increase as well as her push for alternative revenue streams. Mr. Heibel stated that the City needed to take action against the abortion clinic and inquired about closed door meetings. APPOINTMENTS: Emergency Communications District Board - Mr. Dwayne Honaker was unanimously appointed to the Emergency Communications District Board to serve a four year term ending June 30, 2017. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance l3-7 - An Ordinance to Abandon Certain Portions of Pennsylvania Avenue and Beechwood Drive as Public Rights-of-Way Interim City Manager Sorah reviewed this Ordinance, which is revisiting an old issue. This issue was brought before Council in 2008 but did not get a second reading due to failure to combine lots on behalf of the owner. The issue is being brought before Council again to advance the asphalt shingle recycling facility. The matter was approved by the planning commission in 2008. A requirement of the combining of lots still remains and will be need to be completed before second reading. Vice-Mayor Powers made a motion to approve the Ordinance on first reading, and Councilman Keen seconded. The motion passed by unanimous roll call vote.  City Council Meeting September 3,2013 Page 3 of6 B. Adoption of Ordinances (Second Reading): Ordinance l3-5 - An Ordinance to Establish the Property Tax Rate for the Fiscal Year July 1,2013 through June 30,2014 Interirh City Manager Sorah reviewed this Ordinance which was the subject of a public hearing. This Ordinance would establish a property tax rate of 5237 per $100 assessed value. Vice-Mayor Powers addressed a comment regarding "closed door" meetings stating that no sinister activities have occurred in the discussion of the budget and that the Council has worked with full disclosure. Councilman Young recognized staff for their work and input throughout the process. Councilman Keen stated that Council does not want to disrupt or dismantle the Pinnacle project. He also stated that the Council does want to show support for staff who stepped up by showing options and alternatives. Mayor Dolan stated that the Pinnacle project would not be affected by the tax rate. While the Sullivan County fax rate appears to have decreased, Mayor Dolan also noted that the County passed the equalized rate as their property values increased. Vice-Mayor Powers also noted that the City is not as competitive as it could be and there are many opportunities to explore. Councilwoman Feierabend stated that Council was instructed in April that this would be a tight budget year. She also noted that a drastic cut could harm economic development because decreased revenues would be cutting resources and quality of life. Councilwoman Feierabend made a motion to amend the Ordinance and pass a rate of $2.30 which would be equal to the County rate. This motion failed to receive a second motion. Councilman Young made a motion to amend the Ordinance and pass a rate of 92.19, which would have no increase or adjustment for the equalized tax rate. This motion failed to receive a second motion. Another motion was made by Councilwoman Feierabend to amend the Ordinance and pass a rate of 52.27 which would have the equalization increase of $.06 and $.02 for street improvements. This motion also failed to receive a second motion. A motion was then made by Vice-Mayor Powers to amend the Ordinance and pass a rate of 52.25, which would reflect the equalization rate only. Councilman Keen seconded this motion. The motion passed by the following roll call vote: Councilman Keen Yes Vice-Mayor Powers Yes Councilman Young No Mayor Dolan Yes Councilwoman Feierabend No Ordinance 13-6 - An Ordinance to Amend Section 308.C.3 of the Zoning Ordinance Relnting to Setback in the Establishetl Resirlential lt[eighborhuutl (R-E) Dislricf Interim City Manager Sorah reviewed this Ordinance which was the subject of a public hearing. This Ordinance would amend the Zoning Ordinance dealing with front and side yard setbacks. This amendment would stipulate front yard setbacks as the average of those on the same block on the same side of the street and all side yard setbacks to be five feet. The Zoning Ordinance was originally passed based upon some of the older neighborhoods in Bristol. Councilwoman Feierabend made a motion to pass the Ordinance on second reading, Councilman Young seconded. The motion passed by unanimous roll call vote.  City Council Meeting September 3,2013 Page 4 of 6 C. Resolutions: Resolution 13-106 A Resolution Requesting the Tennessee Department of Transportation for Assistance in Studying the Feasibility of the Creation of an Inter- Connection Route between State Route 34, State Route 126, State Route L, and Exit 74 on Interstate Highway 81 Interim City Manager Sorah reviewed this Resolution that will request assistance from the Tennessee Department of Transportation in evaluating construction of the interconnecting route. Interim City Manager Sorah also noted that the Interconnecting Route would help improve access to the Pinnacle, Bristol Motor Speedway, and Bristol Regional Medical Center. Mayor Dolan moved to approve the Resolution, and Vice-Mayor Powers seconded. The motion passed by unanimous roll call vote. CONSENT AGENDA: Interim City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend requested Resolution I3-Il2 be removed from the Consent Agenda. Councilman Young moved to approve the remainder of the consent agenda, and Vice-Mayor Powers seconded. The following items were approved by unanimous Council vote: a Minutes - August 6,2013, City Council Meeting; a Minutes -August 20,2013, Special City Council Meeting; a Minutes - August 20,2013, City Council Work Session; a Resolution 13-100 - A Resolution Awarding Bid for the Purchase of Rifles; a Resolution 13-101 - A Resolution Accepting Certain Streets as Public Streets; a Resolution 13-102 - A Resolution Approving an Agreement with Believe in Bristol, Inc., for Funding Support; a Resolution 13-103 - A Resolution Awarding Bid for a Medium Duty Dump Truck; a Resolution 13-104 - A Resolution Awarding Bid for an Infield Groomer; o Resolution 13-105 - A Resolution Awarding Bid for Pick-Up Trucks; Resolution 13-107 - A Resolution Awarding Bid for a Front End Mower; a Resolution 13-108 - A Resolution Awarding Bid for the Purchase of Automated Side Loader Refuse Collection Vehicle;  City Council Meeting September 3,2013 Page 5 of6 a Resolution 13-109 - A Resolution Awarding Bid for the Emergency Repairs to the 'Water Treatment Plant Motor Control Center; a Resolution 13-110 - A Resolution Authorizingthe Acceptance of a Byrne Grant for Enhancing Local Law Enforcement; and a Resolution 13-111 - A Resolution Approving a Local Agency Project Agreement with the Tennessee Department of Transportation for the Pinnacle Parkway Project. Resolution l3-ll2 - A Resolution Approving an Agreement with The Mercer Group,Inc. Interim City Manager Sorah reviewed this Resolution that would approve an agreement with The Mercer Group, Inc. to conduct a national search for a City Manager. The fiscal effects of this agreement are a fee of $15,000 for professional services and expenses not to exceed $6,500. Councilman Young stated that the Council had looked at a number of groups to assist in the search and that The Mercer Group was prepared for the unique challenges of Bristol. Councilwoman Feierabend moved to approve the Resolution, and Councilman Keen seconded. The motion passed by unanimous roll call vote. CITY MANAGER'S REPORT: Interim City Manager Bill Sorah thanked all staff for their successful work during the August Bristol Motor Speedway race events. He also thanked Belva Hale, Tara Musick, and staff for their work in the budget efforts. In closing, Interim City Manager Sorah reminded Council and citizens that Rhythm and Roots is quickly approaching. CITY COUNCIL COMMENTS: Councilman Young noted that the United Way Campaign kick-off was coming up and he encouraged everyone to participate in the organization's fundraising efforts. Councilman Keen noted that the Healing Hands organization had a very successful fundraiser recently. Councilwoman Fcicrabcnd spokc about thc upcoming Rhythm and Roots Rcunion and notcd changes to Kids Day as well as the location of food vendors. She also spoke about the recent achievement of Holston View Elementary as being recognized as arl Award School. Councilwoman Feierabend encouraged participation in the new term of the Citizens Municipal Academy that will be beginning in October. In closing, she mentioned a recently published book by Phil Temps.  City Council Meeting September 3,2013 Page 6 of6 Vice-Mayor Powers encouraged everyone to attend a special performance during Rhythm and Roots taking place at the Paramount Theater on September 22no at 10:30 am. She stated that MSG Gospel Trio would be performing along with a local praise team. Mayor Dolan thanked all citizens for their involvement. In closing, she stated that the Council would be looking closely at the Budget and new revenue sources. There being no further business, the meeting was adjourned at 8:09 p.m. \. Mayor ø*¿ 2/Á/¿ Tara E. Musick, City Recorder