City Council

MINUTES OF'THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING November 4,2014 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Vice Mayor Chad Keen on Tuesday, November 4,2014, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: 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. INYOCATION AND PLEDGE OF ALLEGIANCE: Councilman Young gave the invocation, and Councilwoman Dolan led the pledge of allegiance AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS : Recognition of Bristol First Program Award - Employee Appreciation and Recognition Program - Ms. Bradey Tankersley, Transit Driver in Public Works, was recognized as the October 2014 winner for assistance given to a lady who had fallen in a local grocery store parking lot. She was nominated by the lady's daughter, Deb Penix. PRESENTATIONS: None. PUBLIC HEARINGS: None. APPEARANCE OF CITIZENS: None.  City Council Meeting November 4,2014 Page 2 of 7 APPOINTMENTS: Health and Educational Facilities Board - Mr. Chuck Harris was unanimously appointed to the Health and Educational Facilities Board to serve a term of office ending June 30,2020. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None B. Adoption of Ordinances (Second Reading): Ordinance 14-18 - An Ordinance to Amend the Code of Ordinances to Authorize Regulations for Mobile Food Vending Establishments City Manager Sorah reviewed this ordinance which would amend the Code of Ordinances 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. 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 219 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.  City CouncilMeeting November 4,2014 Page3 of7 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-of-way. The Planning Commission gave unanimous approval to the proposed amendment. Councilwoman Dolan moved to approve the ordinance on second reading, and Councilman Young seconded the motion. The ordinance was approved on second 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 fuúher defines "to smoke" as to carry or possess a lighted cigar, cigarette, or pipe. 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 14-19 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. Councilwoman Dolan commented on her father being a smoker and smokers' rights. She believes that others should not be put at risk and supports this ordinance. Councilwoman Feierabend moved to approve the ordinance on second reading, and Councilwoman Dolan seconded the motion. The ordinance was approved on second reading by unanimous Councilvote. C. Resolutions: Resolution 14-101 - A Resolution Requesting the Sullivan County Election Commission to Hold a General Cify Election for the City of Bristol in 2015 City Manager Sorah reviewed this resolution that requests the Sullivan County Election Commission to schedule and hold the general City election in 2015. The Bristol City Charter establishes the third Tuesday in May in each odd-numbered year as the date for the general City election.  City Council Meeting November 4,2014 Page 4 of 7 Accordingly, the next election will be held on Tuesday, May 19,2015 . The following offrces will be placed on the May 2015 ballot: City Council - Two at large seats Board of Education - Two at large seats Juvenile Court Clerk Juvenile Judge The notification of the Sullivan County Election Commission at this time is required to satisfy notifìcation deadlines established by statute. Councilwoman Dolan asked about efforts to move the election to coincide with the general election and stafls discussions with the Election Commission. City Manager stated that he was not aware that Council would like the option of changing the election date explored. Councilman Young stated that the budget process would be a good time to discuss the issue further while the costs to the City of the election were reviewed. City Manager Sorah asked City Attorney Jack Hyder if a Charter change would be required. City Attorney Hyder responded that the change could be made by ordinance. City Manager Sorah then clarihed that he would proceed with the 2015 election as presented and explore the issue further for future elections. Councilwoman Dolan moved to approve this resolution, and Councilman Young seconded. The motion passed by a unanimous roll call vote. Resolution 14-105 - A Resolution Adopting an Amended and Restated Policy for the Dedication and Acceptance of Private Streets as Public Streets City Manager Sorah reviewed this resolution that adopts an amended and restated policy for the dedication and acceptance of private streets as public streets. There are a number of private streets existing within the City limits which are not part of the publicly dedicated street system. Activities typically provided for publicly dedicated streets include pavement maintenance, stormwater management, snow removal, and vegetation management. There are frequent requests from property owners located along private streets for the acceptance of their street into the publicly maintained system. The City has long had a policy for the acceptance private streets that included the structural analysis of the street as well as the prerequisite right-of-way dedication in effect at the time of the roadway construction. In an effort to provide more flexibility for acceptance of private streets, staff recommends a more "user friendly" policy which places focus on the use of the street, structural considerations of the loadway uunstruutiol, aucl any cleficiencies in the paveurent uonditiul, stolnwateL drainage, or safety issues. The proposed policy will still require a petition from the property owners located along the private street. Upon receipt of the petition, staff will conduct an analysis of the street in light of its current use, safety concerns, pavement condition, roadway construction standards, stormwater drainage, and adequate right-of way.  City CouncilMeeting November 4,2014 Page 5 of7 Once the analysis is complete a recommendation will be made to the Planning Commission regarding its acceptance. Following their consideration, a recommendation will be made to City Council as to the appropriateness of acceptance of the roadway into the publ icly maintained system. This matter was presented to the Planning Commission on October 2oíh and received favorable approval, Tom Heibel, T16 Bluff City Highway, stated that intentions of regulations must be expressed and not implied. He requested that clearer explanations be provided to citizens. Councilman Young questioned the testing of materials during sampling or assessment. City Manager Sorah stated that sampling would still be conducted to determine if the roadway was properly constructed. Councilwoman Dolan asked is a specific request brought this issue up. City Manager Sorah stated that Apple Lake Private Drive did bring the issue to the attention of staff and explained the situation. Councilwoman Feierabend moved to approve this resolution, and Councilman Young seconded. The motion passed by a unanimous roll callvote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Mayor Powers arrived at the meeting while the items were being reviewed. Vice Mayor Keen removed Resolution l4-ll2 from the Consent Agenda to be discussed separately. Mayor Powers moved to approve the remaining items, and Councilman Young seconded. The following items were approved by unanimous Council vote: a Minutes - October 7,2014, City Council Meeting; Minutes * October 21,2014, City Council Work Session; a Resolution 14-102 - A Resolution Authorizing Participation in the TML Risk Management Pool Driver Safety Grant Program, Resolution 14-103 - A Resolution Awarding a Bid for the Purchase of a Side-Mount Mower, a Resolution 14-106 - A Resolution Approving a Contract Agreement to Provide Transportation Modeling Services for the Bristol Metropolitan Planning Organization, a Resolution 14-107 - A Resolution Adopting Purchasing Procedures for Projects Funded by the Federal Transit Administration,