City Council

MINUTES OF THE CITY OF BRISTOLO TENNESSEE CITY COUNCIL MEETING October 7,2014 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, October 7,2014, 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 Dr. Joe K. Dunagan, Elected Rector of Emmanuel Episcopal Church, gave the invocation, and Councilman Young led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Fire Prevention Week - A proclamation designating the week of October 5-lI,2014, as Fire Prevention Week in Bristol, Tennessee was read by Vice Mayor Keen. Assistant Fire Chief Jack Spurgeon was in attendance to accept the proclamation. Friends of Libraries Week - A proclamation designating the week of October 19-25,2014, as Friends of Libraries Week in Bristol, Tennessee was read by Councilwoman Feierabend. Pam Neal was in attendance to accept the proclamation. Recognition of 2014 Tennessee Governor's Law Enforcement Challenge Award - The Police Department received notification of being recognized for the Tennessee Governor's Law Enforcement Challenge for 2014 with a2nd place award. The Governor's challenge is extended to law enforcement agencies across the state every year and is based on highway safety enforcement and education. The City's traffic safety educational programs, traffic accident rate, and total traffrc enforcement arc formally reviewed and the top three agencies in their categories are recognized. Major Matt Austin and Officer Nathan Greene were recognized by Chief Blaine V/ade for their efforts in this program.  City Council Meeting October 7,2014 Page2 of 12 Recognition of Certificate of Achievement for Excellence in Financial Reporting - The Finance Department received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30,2013. Finance Director Tara Musick was in attendance to receive this recognition. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a govemment and its management. Recognition of Tennessee High School Boys' Tennis Team - The Tennessee High School Boys' Tennis Team was recognized for defeating Brentwood High School to win the 2014 TSSAA Class AAA Boys State Team Tennis Championship during this past spring at the TSSAA Spring Fling in Murfreesboro, Tennessee. Members of the 2014 tean were Avery Bouton, Chad Couch, R. D. Godsey, Austin Henson, Matt Henson, Thomas Jackson, Jacob Marshall, Charlie Moseley, Oliver Taylor, and Nathan V/illis. Other team accomplishments during the 2014 season included winning the Big 7 Conference, District IAAA, Region IAAA, and Section IAAA Championships. Matt Henson and Jacob Marshall also won the TSSAA Boys Doubles Championship during Spring Fling. PRESENTATIONS: Bristol Public Library Teen Program - Ms. Pam Neal of the Bristol Public Library provided an overview of the library's teen program and the numerous book clubs that meet at the library on a regular basis. The clubs provide age-appropriate social reading opportunities at different grade levels. PUBLIC HEARINGS: 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 oroatod in 2009 to addross zoning issues that were unique to established neighborhoods. Neighborhoods having this zoning designation include the Fairmount area and the Windsor Avenue/Anderson Street area. V/ithin 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.  City Council Meeting October 7,2014 Page3 of 12 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 l Sth meeting that would allow non-residential uses, as outlined above, to be permitted in the R-E District by Special Use Permit. The Planning Commission gave unanimous approval to the proposed amendment. The hearing was closed after no public comments. 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 lSth meeting: o Allow assisted living facilities by-right in multi-family zones (R-3 and R-4) at the density level of the zoning district. r 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. o Replace the definitions for both as-sisted 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 definition is amended. o The deletion of all references to Continuum Health Care Communities.  City Council Meeting October 7,2014 Page 4 of 12 The Planning Commission concuned 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. The hearing was closed after no public comments. APPEARANCE OF CITIZENS: Tom Heibel, T16 Bluff City Highway, questioned how citizens had been informed of the new animal ordinance and relative details. He requested a similar ordinance regarding people. Maggie Hess, 245 McDowell Street, questioned prayer in government and the usage of it in public meetings. She discussed freedom of religion in correlation with government. APPOINTMENTS: Board of Zoning Appeals - Mr. John Cartwright was unanimously appointed to the Board of ZoningAppeals to serve aterm of office ending June 30, 2019. Farmerts Market Advisory Committee - Ms. Louise Joyce was unanimously appointed to the Farmer's Market Advisory Committee to serve a term of office ending August 31,2017. Health and Educational Facilities Board - Mr. Douglas Click was unanimously appointed to the Health and Educational Facilities Board to serve a term of offrce ending June 30, 2020. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 14-18 - An Ordinance to Amend the Code of Ordinances to Authorize Regulations for Mobile Food Vending Establishments City Manager Sorah reviewecl this ordinance which woulcl amend the Cocle of Orclinances to authorize the establishment of rules and regulations governing mobile food vendors in public spaces. Recent economic trends have shown an increase in the popularity of mobile food vendors. While this business has yet to become widespread in our community, it is important to prepare for this potential growth.  City Council Meeting October 7,2014 Page 5 of 12 When considering the regulation of mobile food vendors, some communities make a distinction between vending on public property, which often requires a license but is not regulated by zoning, and private property, which often requires a temporary use permit and is regulated by the zoning ordinance. The Bristol Tennessee Zoning Ordinance, Chapter 2, Section 2I9 Paragraph (B) addresses Temporary Seasonal Sales and Paragraph (C) addresses Temporary Long Term Sales. These two sections provide language that permits the sale of agricultural or horticultural products. Temporary sales are subject to Site Plan and Planning Commission review. The language, however, does not specifically address mobile food vendors and is inadequate for the regulation of these temporary establishments. Community Development staff is currently developing proposed amendments to the zoning ordinance specific to the regulation of mobile food vendors on private property. Upon completion, the proposed amendments will be presented to the Planning Commission and ultimately City Council. The regulation of mobile food vendors in public spaces is often approached differently. The use of public spaces, such as a parks, parking lots, or street right-of way, for food vending opportunities is common in many areas. Regulations regarding the days and hours of operation, number of units in a dedicated vending area, trash collection and disposal, food grease disposal, licenses and permits, and signage must all be considered. In addition, regulations are often developed regarding the use of the right-of-way to ensure that provisions are in place to prevent predatory practices on established "brick and mortar" restaurants. Staff proposes to regulate mobile food vendors operating in public spaces by administrative policy. The policy will initially be in the form of a two-year pilot program which allows for a period of data gathering and evaluation as well as an opportunity to acquaint the public with the program. The pilot program will allow for the use of the Downtown Center as the designated location for mobile food vendors in the Downtown area. The policy will also regulate the placement of vendors along the street right-oÊway. The Planning Commission gave unanimous approval to the proposed amendment. Vice Mayor Keen moved to approve the ordinance on first reading, and Councilwoman Feierabend seconded the motion. The ordinance was approved on first reading by unanimous Council vote. Ordinance 14-19 - An Ordinance Amending Section 5-26 of the Code of Ordinances Relating to Smoking in Municipal Facilities City Manager Sorah reviewed this ordinance which proposes to amend Section 50-26 of the Code of Ordinances regulating smoking in municipal facilities. The ordinance effectively prohibits smoking in a municipal building which is generally open to and used by the public. The ordinance further defines "to smoke" as to cany or possess a lighted cigar, cigarette, or pipe.  City Council Meeting October 7,2014 Page 6 of 12 With the growth of the electronic cigarettes, consideration should be given to including electronic cigarettes in the definition of smoking tobacco products prohibited in municipal facilities. Ordinance l4-I9 amends the Code of Ordinances to reflect this addition to the list of prohibited products. If approved on second reading, proper signage will be installed at the entrances to all municipal buildings. Councilman Dolan moved to approve the ordinance on first reading, and Councilwoman Feierabend seconded the motion. The ordinance was approved by unanimous Council vote. Ordinance 14-20 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July L, 2014 through June 30,2015 City Manager Sorah reviewed this ordinance which proposes to amend the FY 2015 Budget appropriation for the purpose of establishing a special revenue fund to account for financial activity related to a new fee. The Tennessee General Assembly recently enacted Public Chapter 750 which allows municipalities to impose a fee of $5.00 for each state traffic citation that results in a guilty plea or judgment. The fee is to be used to support the costs associated with the electronic traffic citation system used by law enforcement agencies. The Act authorizes municipalities to establish the fee by resolution. The fee of $5.00 would provide $4.00 to the local enforcement agency that prepared the traffic citation and $1.00 to be retained by the court clerk. The traffic citation fees collected on behalf of the law enforcement agency must be accounted for in a special revenue fund. This revenue can only be used for expenditures related electronic traffic citation equipment acquisition, maintenance, or training. Councilman Young questioned which traffic fees would be subject to the new fee. City Manager Sorah responded that all moving violations found guilty would be subject. Councilwoman Feierabend moved to approve the ordinance on first reading, and Councilman Young seconded the motion. The ordinance was approved by unanimous Council vote. B. Ädoption of Ordinances (Second Reading): Ordinance 14-10 - An Ordinance to Amend Chapter 6, Article III, of the Code of Ordinances Relating to Beer City Manager Sorah reviewecl this orclinanc.e which amencls Section 6-142 of the Cocle 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 routinely 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.  City Council Meeting October 7,2014 PageT of t2 Ordinance l4-10 amends the definition of a restaurant as follows: "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." Mayor Powers acknowledged that Council had received information regarding this issue earlier in the day and that James Cox, Vice- President of Marquee Cinemas, was present to address any questions or concerns of Council. She requested that a motion be made to allow discussions with Mr. Cox and the public to occur prior to Council discussion. Councilwoman Feierabend requested clarification from staff regarding the authority and procedures for Council in regards to this issue. City Manager Sorah clarified that underage drinking and sales to intoxicated people are not currently allowed. Staff performs stings for underage drinking at least once a year. City Attorney Jack Hyder clarified that Council had authority to decide if beer could be served in a theatre. However, Council did not have authority to control where it was served within the theatre or during which movies. Vice Mayor Keen asked whether or not if mattered where within the business that it was served. City Attorney Hyder stated that beer being served inside of a restaurant is already allowed since a separate business. City Manager Sorah stated that type of design is not what has been presented by Marquee Cinemas for consideration at this point. In order to allow public comments, Councilwoman Feierabend made a motion to suspend the rules and to allow public comments before Council proceeded with a motion on the item presented. Councilwoman Dolan seconded the motion. The motion passed by a unanimous roll call vote. Mr. Cox spoke regarding the position of his business. The theatre being constructed at The Pinnacle will be the biggest theatre in the company's 35 year history and will offer several amenities not currently being provided locally. The company is trying to look towards the future and prepare for changes in the industry. In order to remain competitive with new movie viewing options and other local theatres, management felt that the consumption of beer was necessary for this location. Management is trying to propose a theatre design that will allow family friendly viewing and allow adults the choice of consuming beer. He discussed regulations in other states being on a state wide level versus Tennessee where this issue is regulated on a municipal level. Mr. Cox discussed that the $11 million dollar planned theatre design is the first location where Marquee Cinemas will offer beer. Beer sales are planned to be done in a sectioned area with a wrist band system being utilized to regulate sales to individuals of the proper age. The number of drinks will be limited and beer will not be served after the limit has been reached. Security will be present in the theatre to assist with monitoring on Thursday and Friday nights. The company is also willing to work with local law enforcement as needed.  City Council Meeting October 7,2014 Page 8 of 12 Several citizens spoke in opposition to this ordinance. Concerns involved the monitoring of adults sharing beer with underage individuals in the dark during the movie, the morality of the community versus business growth, hindrance of family friendly viewing by beer being consumed with children present during the movie, and the potential of people drinking and then driving while being intoxicated. The following citizens spoke in opposition: Justin Pierce, 1590 Highway 394 Brad Stout, 200 Heritage Circle Walt Vernon,I20 Roscommon Drive, Bristol Beer Board John Williams, Grub Lane Hollie Lewellyn, 424Logan Circle Allison McCaffrey, 157 Queensbridge Gary Montgomery, 10 Hemlock Street Terry V/itt, 118 Auburn Street Alan Jones, I22 Collingwood Drive Nelson Burkett, 861 Hickory Tree Road During Ms. Lewellyn's comments, she presented a petition with2,710 signatures to the City Council in opposition to the sale of alcohol in theatres. During this time, Councilman Young also presented an additional 34 signatures left at the desk prior to the meeting. Vice Mayor Keen requested that he be able to ask Mr. Cox some questions regarding the design and items planned to be served. Mr. Cox clarified that the company was willing to work with the City to reach a compromise that will work for all parties. The company is planning to sale chicken fingers, hamburgers, fries, and similar type items. Vice Mayor Keen asked if the current design plan would follow the current ordinance and qualify as a restaurant. City Attorney Hyder stated that the current plan would not. Mr. Cox described the current design of the concession area and stated that it could be modified, if necessary. City Attorney Hyder stated that a modified design meeting the terms of a restaurant would fall within the guidelines of the current ordinance and be subject to control by the Beer Board. City Manager Sorah stated that the current proposed ordinance was presented to Council based upon beer being proposed as allowed in the theatre. If beer is constrained to an area meeting the definition of a restaurant, the current ordinance is adequate and an amendment is not required. Councilwoman Dolan stated that the public has made it very clear that beer is not desired in the theatre. She added that Mr. Cox could explore the reqnirements to alter the clesign to comply with the requirements for beer to be servecl in restaurants. Mayor Powers asked if anyone would like to make a motion to pass Ordinance 14-10. No motion was made and the ordinance failed to pass second reading for lack of a motion.  City Council Meeting October 7,2014 Page 9 of 12 Recess: Mayor Powers stated that a brief recess would be allowed at 9:00 p.m. The meeting reconvened at 9:08 p.m. 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 as part of the public hearing portion of the agenda and the public also had an opportunity to speak at that time. Councilwoman Feierabend moved to approve this ordinance on second reading, and Vice Mayor Keen seconded. The motion passed by a unanimous roll call 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 as part of the public hearing portion of the agenda and the public also had an opportunity to speak at that time. Councilwoman Feierabend moved to approve this ordinance on second reading, and Vice Mayor Keen seconded. The motion passed by a unanimous roll call vote. C. Resolutions: Resolution 14-96 - A Resolution Approving an Interlocal Agreement for a Countywide 800 Megahertz Radio System City Manager Sorah reviewed this Resolution that authorizes the City to enter into an interlocal agreement with Sullivan County, Tennessee and the Cities of Kingsport and Bluff City for participation in the county-wide Simulcast P25 Digital 800 MHz Radio System. The City's current 800 MHz public safety radio system is antiquated and in need of replacement. The purpose of the agreement is to establish a comprehensive plan to provide and maintain a county-wide public safety radio system for emergency responders. The ten year agreement details the financial obligations of Sullivan County and its respective cities. Sullivan County has entered into a contract with the State of Tennessee to participate in their Tennessee Advanced Communications Network. This program will allow the County to utilize the State's master site and avoid incuning the cost of this equipment. Master sites utilize microwave links between radio sites to provide redundant service necessary for public safety dispatch systems. As detailed in the interlocal agreement, Sullivan County will provide for the construction, maintenance, and periodic technological upgrades of transmitter repeater sites in Blountville, Bristol, Holston Mountain, and Bays Mountain. This infrastructure will serve as the "backbone" of the radio system and will provide for complete radio coverage of the County.  City Council Meeting October 7,2014 Page 10 of12 Access to this infrastructure will be provided to the municipalities at no cost. In addition, Sullivan County has also agreed to supply radio dispatch consoles for municipal dispatch systems. The City of Bristol will be responsible for the acquisition of all mobile radio, portable radio and other related devices required for their system. In addition, the City will be responsible for the annual payment of $200 per radio for "capacity" in the Tennessee Advanced Communications Network master site. The City will be responsible for the maintenance of the dispatch consoles, mobile and portable radios, and alert systems. The funding of the system by Sullivan County eliminated a duplication of infrastructure and is the most cost effective solution to providing a new radio system. Councilman Young stated that the interlocal agreement is an excellent example of intergovernmental cooperation. The effort is three years in the making and involved countless hours of staff from the four entities. Mayor Powers and Vice Mayor Powers thanked Sullivan County for their efforts and support. Councilwoman Feierabend moved to approve this Resolution, and Councilwoman Dolan seconded. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend moved to approve, and Councilman Young seconded. The following items were approved by unanimous Council vote: a Minutes - September 2,2014, City Council Meeting; a Minutes - September 16,2014, City Council V/ork Session; a Minutes - September23,2014, Special Called City Council Meeting; a Resolution 14-90 - A Resolution Approving a Grant Agreement with the Virginia Department of Rail and Public Transportation for the Utilization of Federal Transit Administration Section 5303 Funds for the Bristol Metropolitan Planning Organization, a Resolution 14-91- A Resolution Approving a Grant Agreement with the Federal Transit Administration for Transit Operating and Capital Assistance, a Resolution 14-92 - A Resolution Awarding a Bid for the Purchase of a Fire Department Vehicle,  City Council Meeting October 7,2014 Page 1I of12 a Resolution 14-93 - A Resolution Awarding a Bid for the Purchase of a Tandem Dump Truck, a Resolution 14-94 - A Resolution Awarding a Bid for the Glenwood Road Bridge Replacement, Resolution 14-95 - A Resolution Authorizing the Purchase of In-Car Video Systems, a Resolution 14-97 - A Resolution Adopting an Amended and Restated Drug and Alcohol Policy, a Resolution 14-98 - A Resolution Awarding a Bid for the Purchase of a Medium Duty Dump Truck, a Resolution 14-99 - A Resolution Awarding a Bid for the Purchase of a 1 Ton Pickup Truck, and a Resolution 14-100 - A Resolution Authorizing Acceptance of a Highway Safety Grant from the Governor's Highway Safety Office. BOARD OF'EDUCATION LIASON REPORT: Director of Schools Dr. Gary Lilly thanked City Council for recognition of the Tennessee High School Boys' Tennis Team. He discussed the upcoming fall break and academic intersession program being offered to students during this time. CITY MANAGEROS REPORT: City Manager Sorah complimented City staff on the management of services provided for the Rhythm and Roots Festival. He discussed upcoming events, such as the Citizens Municipal Management Acaclemy, He also discussecl a citizen survoy cnrrently nnclerway for the Fire Department regarding fire services that will be utilized to seek accreditation. CITY COUNCIL COMMENTS: Councilman Young discussed the challenge of looking towards the future when making current decisions regarding businesses and the community. He encouraged citizens and Council to consider being mentors in the community.  City Council Meeting October 7,2014 Page 12 of 12 Councilwoman Feierabend stated her agreement with the City Manager in regards to Rhythm and Roots and the performance of staff. She discussed upcoming local events. She also mentioned that the community should learn more about underage drinking and reiterated several comments that she had heard throughout the meeting. Councilwoman Dolan mentioned taking pride in the school system and the community. She discussed the rapid changes that had occurred and her appreciation of staff during this period. She also discussed the need for tutors and the generational problem of alcohol/drug abuse and the linkage to education. Vice Mayor Keen reminded the audience that October was Breast Cancer Awareness Month. He also mentioned the current United Way campaign and stressed that the City was doing everything possible to be business friendly. Mayor Powers discussed the accomplishments that had been made through the use of collaborative government. She discussed that rapid growth can be painful and not always easy. During this time, the City is finding a new voice and then dialogue and meaningful dialogue will occur. There being no further business, the meeting was adjourned at 9:32 p.m. &*J Ð**r*t Lea Powers, Mayor 6* r 2.a-;á TaraE. Musick, City Recorder