City Council

MINUTES OF THE CITY OF'BRISTOL, TENNESSEE CITY COUNCIL MEETING September 212014 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, September 2,2014, 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: Joseph Irvin of the Bristol Salvation Army gave the invocation, and Vice Mayor Keen led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Diaper Need Awareness Week - A proclamation designating the week of September 8-14, 2014, as Diaper Need Awareness Week in Bristol, Tennessee was read by Councilwoman Feierabend. Carol Kilinski, Diaper Need Awareness, \ryas in attendance to accept the proclamation. Childhood Cancer Awareness Month - A proclamation designating the month of September 2014 as Childhood Cancer Awareness Month in Bristol, Tennessee was read by Councilman Young. PRESENTATIONS: Boone Watershed Partnership - Aquatic Stewardship Award - Mr. Gary Barigar from the Boone Watershed Partnership presented the Local Government Aquatic Stewardship Award to the City of Bristol, Tennessee. Public Works Director Tim Beavers accepted the award on behalf of the City.  City Council Meeting September 2,2014 Page 2 of 9 Patriotic Employer Award - Mr. James Cross of Employer Support of the Guard and Reserve (ESGR), Department of Defense, recognized Chief Blaine Wade and the Bristol Tennessee Police Department for their support of the National Guard and Reserve. The Patriotic Employer Award was presented to Chief Wade in recognition of extraordinary support of one of his employees while serving the National Guard in Afghanistan. Chief Wade was nominated for the award by Officer Kevin Frederick II. Officer Frederick was employed by the police department in April of 2013. Shortly thereafter, his National Guard unit was activated and he was deployed to Afghanistan. Officer Frederick has since returned from active duty and resumed his position as a patrol offlrcer with the police department. He has chosen to recognize Chief Wade and the department's support by nominating them for this award. PUBLIC HEARINGS: 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 2l't, recommended approval of the rezoning as presented, noting that the rezoning is compatible with the Land Use Plan and Policy. The hearing was closed after no public comments. Ordinance 14-14 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as R-2, Single Family and Duplex District (1620 and 1622 Kentucky Avenue) City Manager Sorah reviewed this Ordinance to amend the zoning map for property at 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 anrJ havn an existing residentia.l huilding on the premises. The Bristol Tennessee Regional Planning Commission, at its meeting on July 2l't, recommended approval of the rezoning as presented, noting that the rezoning is compatible with the Land Use Plan and Policy. The hearing was closed after no public comments.  City Council Meeting September 2,2014 Page 3 of9 APPEARANCE OF CITIZENS: Jason White, Vape Aloud at 624 State Street, discussed that his store provided alternatives to cigarettes. He wanted to reassure the public and Council that his products had four ingredients and that only nicotine is addictive. He stated that all laws and regulations are being abided by. Tom Heibel, 716 Bluff City Highway, questioned the future of the hospital. He also stated that he felt that vapor clinics should be closed on State Street and Volunteer Parkway. Decklin Egbert, 137 Booher Road, requested that more sidewalks be installed in his area. The Lewellyn Family, 424 Logan Circle, voiced concerns about the possibility of beer being allowed in the movie theater and have started a petition against this issue. APPOINTMENTS: Industrial Development Board - Ms. Nancy Cook and Mr. David Wagner were unanimously appointed to the Industrial Development Board to serve terms of office ending August 31,2020. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 14-16 - An Ordinance Amending Section 308 of the Zoning Ordinance Related to Established Residential Neighborhood (R-E) District City Manager Sorah reviewed this Ordinance which would amend Section 308 of the zoning ordinance as it relates to the R-E District (Established Residential Neighborhood District). The R-E District was created in 2009 to address zoning issues that were unique to established neighborhoods. Neighborhoods having this zoning designation include the Fairmount area and the Windsor Avenue/Anderson Street area. Within the existing zoning ordinance, all standard residential districts allow certain non-residential uses by special use permit. The only residential district not providing an opportunity for non-residential use by special use permit is the R-E District. Non-residential uses typically allowed in residential districts by permit include churches, day care centers, philanthropic institutions/clubs, private sports clubs, and public or private utilities. These land uses already exist in the current R-E District neighborhoods. Staff presented. a proposed zoning ordinance amendment to the Planning Commission at their August lSth meeting that would allow non-residential uses, as outlined above, to be permitted in the R-E District by Special Use Permit.  City Council Meeting September 2,2014 Page 4 of9 The Planning Commission gave unanimous approval to the proposed amendment. Councilman Young moved to approve the Ordinance on first reading, and Vice Mayor Keen seconded the motion. The Ordinance was approved by unanimous Council vote. Ordinance 14-17 - An Ordinance Amending Section 308 Various Sections of the Zoning Ordinance Relating to Assisted Living Facilities and Nursing Homes City Manager Sorah reviewed this Ordinance which proposes to amend the zoning text as it relates to assisted living facilities and nursing homes. Several weeks ago, the Planning Commission heard from industry professionals regarding the demand for assisted living and nursing home facilities. As part of the presentation, the distinction was made between assisted living facilities which are residential in nature and nursing homes which are more business related and how this distinction relates to land use. In addition, it was acknowledged that demand for these facilities is such that unnecessary or cumbersome regulations will encourage developers to look elsewhere for opportunities. As a result of this presentation, staff began a comprehensive review of our regulations in an effort to match our definitions with current industry standard; examine the appropriateness of our use of Special Use Permits in some zoning districts; and the allowance of assisted living facilities by-right in certain residential districts. After careful consideration, the following ordinance amendment recommendations were made to the Planning Commission during their August 18th meeting: . Allow assisted living facilities by-right in multi-family zones (R-3 and R-4) at the density level of the zoningdistrict. . Allow assisted living facilities by Special Use Permit in R-2 zones at an R-2 density (nine units per acre) level. o Continue to allow nursing homes by-right in both B-3 and PBD zones at the R-4 density (88 beds per acre) level. ¡ Replace the definitions for both assisted living facilities and nursing home with the Tennessee Code Annotated definitions and do so by reference so that the zoning ordinance remains current and does not need to be amended when the TCA deflrnition is amended. . The deletion of all references to Continuum Health Care Communities. The Planning Commission concurred with the staff recommendations along with the additional recommendation that assisted living facilities be allowed by Special Use Permit in the B-3 zone. This addition will give assisted living facilities the same approval requirements as multi-family uses in this zoning district.  City Council Meeting September 2,2014 Page 5 of9 Mayor Powers discussed a situation that was unclear regarding this area for the Planning Commission and thanked staff for their good work on this Ordinance. Vice Mayor Keen, Councilwoman Feierabend, and Councilwoman Dolan discussed that current offerings of this nature are limited in our community. Councilman Feierabend moved to approve the Ordinance on first reading, and Vice Mayor Keen seconded the motion. The Ordinance was approved by unanimous Council vote. B. Adoption of Ordinances (Second Reading): Ordinance l4-ll - 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 l5 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 of the action. Councilwoman Feierabend moved to approve the Ordinance on second reading, and Councilwoman Dolan seconded. The Ordinance was approved by unanimous Council vote 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 as part of the public hearing portion of the agenda and the public also had an opportunity to speak at that time. Councilman Young moved to approve this Ordinance on second reading, and Vice Mayor Keen seconded. The motion passed by a unanimous roll call vote.  City Council Meeting September 2,2014 Page 6 of9 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 21't, recommended approval of the action. Vice Mayor Keen moved to approve the Ordinance on second reading, and Councilwoman Feierabend seconded. 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-2, Single Family and Duplex District (1620 and 1622 Kentucky Avenue) City Manager Sorah reviewed this Ordinance as part of the public hearing portion of the agenda and the public also had an opportunity to speak at that time. Vice Mayor Keen moved to approve this Ordinance on second reading, and Councilwoman Feierabend seconded. The motion passed by a unanimous roll call 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 10 of the Code of Ordinances relating to animals. The proposed amendments reflect the recommendations of a taskforce which reviewed the ordinance earlier this year. In addition, the amendments reorganize the chapter and streamline the various provisions. Ordinance 14- 15 was amended during First Reading on August 5th by removing Section 10-46 (a) which prohibited the tethering of dogs between the hours of 9:00 p.m. and 6:00 a.m. The amended Ordinance retains the following recommendations from the animal control taskforce: o 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. o 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 Council Meeting September 2,2074 Page 7 of 9 a 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. Councilman Young made a motion to pass the Ordinance with the removal of 10-8 in regards to tethering in a truck bed. The motion failed to pass due to lack of as second. Councilwoman Feierabend moved to approve the Ordinance on second reading with a change in the implementation date to be that of a normal ordinance. City Manager Sorah asked 'Wade Chief if this change would allow local veterinarians enough time to implement the requirements. Police Chief Wade responded that he was not sure and that it would be difficult. Councilwoman Dolan suggested a compromise from the original date of January I, 2015, to November l, 2014. Councilwoman Feierabend amended her motion to pass the Ordinance on second reading with a revised effective date of November 1,2014. Mayor Powers seconded the motion. Tom Heibel, T16 Bluff City Highway, stated that he felt that time had been wasted on this issue when the issue of abortion was not being addressed. The Ordinance as amended with an effective date of November 1,2014, was approved by unanimous Council vote. C. Resolutions: Resolution 14-81 - A Resolution Approving an Agreement for a Municipal Tennis Complex City Manager Sorah reviewed this Resolution that authorizes the City to enter into an agreement with the Homer A. and Ida S. Jones Trust and the Bristol Tennessee City Schools to construct a new tennis facility on the site of the former Central Elementary School. The Jones Trust has committed a sum of up to $250,000 toward the funding of the project. In addition, a sum of $125,000 has been committed by both the Bristol Tennessee City Schools and the City of Bristol, Tennessee giving the project a total funding of $500,000. City staff will be responsible for coordinating the design, bidding, contracting, and construction of the tennis complex. The complex will consist of eight tennis courts and serve as the home courts of the high school tennis teams. In addition, the courts will serve the community's recreational needs by hosting such programs as the National Junior Tennis League and tournament play. The facility will be a municipal park facility and the City will be responsible for its maintenance and upkeep. Upon completion, the complex will officially be named as the "Ida Stone Jones Tennis Complex".  City Council Meeting September 2,2014 Page 8 of9 The agreement also provides funding for the school system to acquire indoor tennis equipment for use in each of its five elementary schools. Any funds remaining after completion of the tennis complex will be used by the City for its maintenance and upkeep. Mayor Powers moved to approve this Resolution, and Councilwoman Feierabend seconded. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Young moved to approve, and Councilman Keen seconded. The following items were approved by unanimous Council vote: a Minutes - August 2,2014, City Council Meeting; and a Resolution 14-88 - A Resolution Authorizing Participation in the TML Risk Management Pool Driver Safety Grant Program. BOARD OF EDUCATION LIASON REPORT: Director of Schools Dr. Gary Lilly discussed the School Boards' appreciation for the private/public partnership with the City for the new tennis courts and the recent upgrades at the school facilities. CITY MANAGER'S REPORT: City Manager Sorah discussed the State of Tennessee Form CT-0253 regarding the 2014 Revenue Anticipation Note from the General Fund to the Stormwater Fund to assist with operating cash for the newly developed Stormwater Fund. He discussed the opening of Bass Pro at The Pinnacle and that Labor day sales were the second highest of any store in the country. He mentioned upcoming meetings regarding the Land Use Plan and an economic development update for all related boards. He also congratulated Captain Tom McDaniels for his retirement after 43 years of service to the City. CITY COUNCIL COMMENTS: Councilman Young discussed the upcoming November elections and the inclusion of 4 State Constitutional amendments on the ballot. He encouraged citizens to get informed.  City Council Meeting September 2,2014 Page 9 of 9 Vice Mayor Keen discussed the beginning of the school year and the digital conversion project that will impact all children in grades 7 through 12. He encouraged citizens to review the local news sources and to get informed about the facts of recent issues, such as local health care. Councilwoman Feierabend discussed that allowing citizens to have public comments is not required legally. However, she is proud that citizens in the City have the option. She stated that comments made may or may not be true. She discussed a local health care symposium and recent changes in the City's budget and fees. Councilwoman Dolan expressed her support for the military and their training, knowledge, and intelligence. She encouraged all employers to hire veterans and discussed the upcoming Rhythm and Roots Festival. Mayor Powers discussed the success of the last series of races at Bristol Motor Speedway and the change of the date for the next spring race to the weekend of April 19. She discussed the past few months of events in the City and mentioned that the character of the people was the City's greatest selling point in economic development. There being no further business, the meeting was adjourned at 8:22 p.m. *"t*v¡r) Lea Powers, Mayor f" Tara E. Musick, City Recorder