City Council

MINUTES OF',THE CITY OF'BRISTOL, TENNESSEE CITY COUNCIL MEETING August 5,2014 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, August 5,2014, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Lea Powers, Vice Mayor Chad Keen, Councilwoman Michelle Dolan, Councilwoman Margaret Feierabend, and Councilman Jack Young. Others Present: City Manager William L. Sorah; City Attorney Jack Hyder; City Recorder Tara Musick; and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Reverend Jonathan Jonas of State Street United Methodist Church gave the invocation, and Councilman Jack Young led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Farmers Market Week Proclamation - A proclamation designating the week of August 4-10, 2014, as Farmers Market Week was read by Mayor Powers. Mike Musick, Parks and Recreation - Recreation Superintendent, was in attendance to accept the proclamation. Recognition of David St. John for AWWA Operator's Meritorious Service Award - Mayor Powers recognized David St. John for receiving the Operator's Meritorious Service Award from the Kentucky/Tennessee Section of the American Water Works Association. The award is given annually to one recipient in each AWWA section in recognition of special performance. PRESENTATIONS: Celebrate Bristol - Ms. Vicie Dotson provided a summary of the activities during the Bristol July 4th celebration including the events offered and their attendance.  City Council Meeting August 5,2014 Page 2 of 9 PUBLIC HEARINGS: NonE APPEARANCE OF CITIZENS: Mr. Tom Heibel, 1716 Bluff City Highway, stated his concern aboutthe future funding of the Bristol Regional Medical Center. APPOINTMENTS: Library Board - Ms. Lori Byington was unanimously appointed to the Library Board to serve an unexpired term of office ending December 31,2014. Tree Board - Ms. Susan Tanner was unanimously appointed to the Tree Board to serve an unexpired term of offlrce ending June 30, 2016. ORDINANCES AND RESOLUTIONS : A. First Reading of New Ordinances: Ordinance 14-10 - An Ordinance to Amend Chapter 6o Article III, of the Code of Ordinances Relating to Beer City Manager Sorah reviewed this Ordinance which would amend Section 6-142 of the Code of Ordinances relating to the sale of beer. The amendment inserts new language for the definition of a restaurant to include a business establishment in which motion pictures are regularly shown. This amendment is proposed to enable movie theaters to hold a permit for the sale of beer for on-premises consumption. Section 6-142 provides definitions for the application of the Beer Board Ordinance. The Ordinance amends the defrnition of a restaurant to be as follows: o'Restauranl means a business establishment which has as its primary purpose the sale of food prepared for consumption on the premises. Restaurant also means a business in which motion pictures are regularly exhibited to the public for a charge and which sells food and beverages to its customers for consumption on the premises." Councilman Young voiced his concern for where alcohol would be served if children were in the theatre. City Manager Sorah and City Attorney Jack Hyder clarified the impact of the Ordinance on the location within the establishment that beer could be served.  City Council Meeting August 5,2074 Page 3 of9 Restrictions could not be placed based upon time of movie and related theatre. Councilwoman Feierabend made a motion to defer second reading of the Ordinance, if passed successfully on first reading, until October to give Council additional time to review the issue. Councilman Young seconded the motion. This motion was passed by all Council members except Councilwoman Dolan. Vice Mayor Keen moved to approved the Ordinance on first reading, and Councilwoman Dolan seconded the motion. The Ordinance was passed by the following roll call vote: Vice Mayor Keen Yes Mayor Powers Yes Councilman Young No Councilwoman Dolan Yes Councilwoman Feierabend No Ordinance 14-11 - An Ordinance to Abandon a Portion of Unnamed Public Alley Right-of-Way (1200 Block of Virginia Avenue) City Manager Sorah reviewed this Ordinance to abandon a portion of an unnamed public alley right-of-way (1200 block of Virginia Avenue). Commercial development at the southwestern corner of East Cedar Street and Virginia Avenue, and a portion of Kentucky Avenue requires the abandonment of a portion of the public alley. The alley fronts on 19 properties and is owned by 15 property owners. Access to the alley will be retained through its intersection with Virginia Avenue, just north of Lakeview Street. A utility easement will be retained until the development advances to a point that the utilities need to be relocated. At that time, the utility easement can be vacated. The abandonment of this portion of the alley right-of-way is necessary to allow the developer to build across the right- of-way. Utility providers and the adjacent property owners have been advised of the proposed alley right-of-way abandonment and the change in the alley access. The Bristol Tennessee Regional Planning Commission, at its meeting on July 21't, recommended approval ofthe action. Vice Mayor Keen questioned changes to the right-of-way and Randy Kennedy clarified the agreement between the parties and their intent. Councilman Young thanked the property owners, the developer, and Mr. Kennedy for working together. Larry Feathers,228 Hickory Tree Road, requested turn lanes so that ftaffic would not back up. Economic and Community Development Director Shari Brown responded that the East Cedar Project would have additional turn lanes. Vice Mayor Keen moved to approved the Ordinance on first reading, and Councilwoman Feierabend seconded the motion. The Ordinance was approved by unanimous Council vote.  City Council Meeting August 5,2014 Page 4 of9 Ordinance 14-12 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as B-3, General Business District (316 and 320 7th Street) City Manager Sorah reviewed this Ordinance to amend the zoning map for property at 316 and 320 7th Street from B-14, Limited Business District, to B-3, General Business District. The rezoning was requested by J. A. Street & Associates. The purpose for the rezoning is to allow for the construction of a new animal hospital and combine two lots under one address. The Bristol Tennessee Regional Planning Commission, at its meeting on July 21't, recommended approval of the rczoning as presented, noting that the rezoning is compatible with the Land Use Plan and Policy. Councilwoman Dolan moved to approve the Ordinance on first reading, and Councilman Young seconded the motion. The Ordinance was approved by unanimous Council vote. Ordinance 14-13 - An Ordinance to Abandon Utility Easements (316 and 320 7th Street) City Manager Sorah reviewed this Ordinance to abandon the utility easement at 316 and 320 7th Street. Properties on both sides of the alley are owned by Ferguson Animal Hospital. The City Council previously approved abandonment of the alley subsequent to the purchase by the Fergusons. However, a utility easement was retained primarily due to the presence of an electric line serving a private street light. A new structure will be constructed across the former alley and the street light will be removed. The Bristol Tennessee Regional Planning Commission, at its meeting on July 2l't, recommended approval of the action Councilman Young moved to approve the Ordinance on first reading, and Councilwoman Feierabend seconded the motion. The Ordinance was approved by unanimous Council vote Ordinance 14-14 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as R-20 Single Family and Duplex District (1620 and 1622 Kentucky Avenue) City Manager Sorah reviewed this Ordinance to amend the zoning map for property af 1620 and 1622 Kentucky Avenue from M-1, Light Industrial/Business District to R-2, Single Family/Duplex Residential District. The rezoning request is City initiated. The purpose for the rezoning is to allow the property owners to market the property as residential. The properties front on Kentucky Avenue and have an existing residential building on the premises. The Bristol Tennessee Regional Planning Commission, at its meeting on July 21't, recommended approval of the rezoning as presented, noting that the rezoning is compatible with the Land Use Plan and Policy.  City Council Meeting August 5,2014 Page 5 of9 Councilwoman Feierabend moved to approve the Ordinance on first reading, and Councilwoman Dolan seconded the motion. The Ordinance was approved by unanimous Council vote. Ordinance 14-15 - An Ordinance to Amend Chapter 10 of the Code of Ordinances Relating to Animals City Manager Sorah reviewed this Ordinance that would rewrite all of Chapter l0 of the Code of Ordinances relating to animals. The proposed amendments reflect the recommendations from an ordinance review taskforce as well as discussions with City Council during the July 15th work session. In addition, the amendments reorganize the chapter and streamline the various provisions. Highlights of the amended language include the following: . Prohibits the tethering of a dog between the hours of 9:00 p.m. and 6:00 a.m. The Ordinance does allow the Chief of Police to issue a permit, for good cause, that would allow alternative tethering times. Howevero the alternative tethering schedule could not exceed fifteen hours per day. . Removes tethering as an option for confinement of sick or injured dogs, dogs less than six months of age, female dog in heat, or during periods of extreme weather conditions. . Provides expanded definitions for the provision of adequate food, shade, shelter and water. . Requires animals being transported in the bed of an open truck to be restrained by cross tethering on three sides or enclosed in a secure cage or container. . City dog or cat tags will no longer be required. Rabies tags would still be required for dogs and cats and will be issued by the vaccinating veterinarian. . Eliminates tethering as an option for the confinement of a dangerous dog or cat. Councilwoman Feierabend moved to approve the Ordinance on first reading, but the motion was not seconded. Councilman Keen mentioned the task force and the hard work involved by all towards the common goal of the protection of animals. He discussed his concerns regarding the size of enclosures, availability of animal control staff at night, application as to which types of animals, and wording of definitions and manners of interpretations. City Attorney Jack Hyder and Police Chief Blaine Wade provided more detail and guidance in regards to these areas. Councilwoman Feierabend discussed similar laws in other cities. Councilwoman Dolan stated that she supports smaller government. Mayor Powers inquired of Police Chief 'Wade the number of animal control calls per year on average versus the number of citations per year. He responded that the average number of calls was approximately 2,500 and the number of citations had been 24 and 22 for the prior two year period. Councilman Young discussed personal responsibility and the difficulty in regulation tethering for all situations.  City Council Meeting August 5,2014 Page 6 of9 Councilwoman Dolan moved to approve the Ordinance with Section l0-46a removed that relates to the restriction on tethering hours. Vice Mayor Keen seconded the motion. Tom Heibel, 716 Bluff City Highway, stated that Council should focus on humans versus animals. Jeff McMillan, 120 Fox Court, served on the task force and stated that he was proud of Council and thanked them for their service. He discussed ownership rights versus punishing people doing things the right way already. Eden Buchanan, 478 Peoples Road, stated that not all owners are responsible and discussed the benefits of fencing. Kay Conway, II2 Haley Walk, mentioned that the goal of Chain Free Bristol was to address dogs subject to lifetime tethering. David Hyde, 508 Brookwood Drive, also served on the task force and thanked Council for their efforts. He supports the motion as amended. Liza Conway,836 State Street, thanked Council and stated her support for the lifetime ban on unattended tethering. She also mentioned other public safety related issues. After public comments had been stated, the Ordinance as amended to remove Section l0-46a was approved by unanimous Council vote. B. Adoption of Ordinances (Second Reading): None C. Resolutions: None. CONSENT AGENDA: City Managcr Sorah prcscntcd thc Consent Agenda to Council. Councilwoman Dolan moved to approve, and Councilman Young seconded. The following items were approved by unanimous Council vote: a Minutes - July 1,2014, City Council Meeting; Minutes - July 15,2014, City Council Work Session;  City Council Meeting August 5,2014 PageT of9 Resolution 14-75 - A Resolution Designating Members of the City Council to Serve on City Boards and Quasi-Municipal and Non-Municipal Agencies; a Resolution l4-76 - A Resolution Authorizing the City of Bristol to Participate in the TML Risk Management Pool "Safety Partners" Loss Control Matching Grant Program; a Resolution 14-77 - A Resolution AuthorizingPayment in Support of County-Wide Radio System for Fiscal 2015; a Resolution 14-78 - A Resolution Authorizing the Purchase of Police Wireless Field Reporting Software Support; a Resolution 14-79 - A Resolution Awarding a Bid for the Purchase of a Park Entry Gate System for Steele Creek Park; Resolution 14-80 - A Resolution Authorizing the Purchase of Automated Meter Reading Equipment; a Resolution 14-82 - A Resolution Approving an Agreement with the YWCA and Providing Funding Support; Resolution 14-83 - A Resolution Approving Agreements with Believe In Bristol, Inc. for Funding Support; a Resolution 14-84 - A Resolution Approving an Agreement with Abuse Alternatives, Inc. for Emergency Solution Grant Services; a Resolution 14-85 - A Resolution Approving an Agreement with The Salvation Army for Emergency Solution Grant Services; a Resolution 14-86 - A Resolution Awarding Bid for the Purchase of Highway Salt; and a Resolution 14-87 - A Resolution Awarding a Contract for Basic and Voluntary Life and Long Term Disability Insurance.  City Council Meeting August 5,2014 Page 8 of9 BOARD OF EDUCATION LIASON REPORT: Director of Schools Dr. Gary Lilly discussed teachers returning to their classrooms and the new school year beginning on August l lth. In the upcoming. school year, the digital conversion project will be expanded to include all grades from 7th to l2th. CITY MANAGER'S REPORT: City Manager Sorah discussed the upcoming openings of the Birthplace of Country Music Museum and Bass Pro. He also provided an update regarding construction at The Pinnacle and Fairfield Inn. He discussed the upcoming activity at Bristol Motor Speedway, Red Carpet Tour for site consultants, and the State of the City Address. He requested for two new members of staff to be introduced to the City Council and audience. Public Works Director Tim Beavers introduced Jacob Chandler as the new City Engineer. Economic and Community Development Director Shari Brown introduced Ryan Chuppa as the new Economic Development Specialist. Community Relations Director Terrie Talbert was requested to provide an overview of the new website for Council and the public. She reviewed the site and described the layout, changes, and the various browsing opportunities available. CITY COUNCIL COMMENTS: Councilwoman Feierabend mentioned the warning siren program and the reverse 911 system recently utilized by the City for a potential emergency. She discussed the issue of rights and the diffrculty of supporting a position while considering the rights of others involved. She also mentioned upcoming local events. Councilman Young discussed the LEAD Bristol Program and the opportunity for networking that is provided. He also discussed the importance of voting and the upcoming Sullivan County election. Councilwoman Dolan recognized Ms. Terrie Talbert for her hard work on the website project. She recognized Mr. Chuppa for the role in which he will serve the City and commented on the Red Carpet Tour and the City's education initiatives. She also thanked the animal control task force for their hard work and expressed her support for both the current changes and the existing ordinances in effect. Vice Mayor Keen expressed his agreement with Councilwoman Dolan's comments and recognized City staff for their hard work.  City Council Meeting August 5,2014 Page 9 of9 Mayor Powers thanked the citizens in the audience for attending the meeting. She also commended the other Council members for their research and hard work. There being no further business, the meeting was adjourned at 9:13 p.m. Mayor /^( Tara E. Musick, City Recorder