City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING December 2,2014 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, December 2,2014, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Lea Powers, Vice Mayor Chad Keen, Councilwoman Margaret Feierabend, and Councilman Jack Young. Councilwoman Dolan arrived shortly after the roll call at7:03 p.m. 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: Nick Meredith gave the invocation, and Boy Scouts of America Troop 3 led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: NONC PROCLAMATIONS AND RECOGNITIONS : Citizen's Municipal Academy - Mayor Powers recognized the recent graduates of the Citizen's Municipal Academy (CMA). The graduates recognized were David Brassell, Jacob Chandler, Brennan Dye, Timothy Hammond, Tom Heibel, Jaima Helbert, April Norris, Wanda Owens, and Shanon Stamey. PRESENTATIONS: None PUBLIC HEARINGS: Ordinance 14-20 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July 1,2014 through June 30' 2015  City CouncilMeeting December 2,2014 Page 2 of 6 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 trafflrc 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. The hearing was closed after no public comments. APPEARANCE OF CITIZENS: Keith Williams, 400 Santa Fe Drive and Pastor at CrossPointe Church, stated that he had been instructed by a member of staff that a per car fee would not be charged for the community Halloween event that they hold each year at Steele Creek Park prior to the event. Families were charged on the day of the event and he feels this practice is not fair. Mayor Powers asked City Manager Sorah to review this matter. Tom Heibel, 716 Bluff City Highway, discussed Amendment I and wants regulations against abortion strengthened in the City. APPOINTMENTS: Board of Zoning Appeals - Ms. Wanda Owens was unanimously appointed to the Board of ZoningAppeals to serve a term of office ending June 30, 2018. Library Board - Mr. Walter Morton was unanimously appointed to the Library Board to serve a term of office ending December 31,2017. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 14-21 - An Ordinance to Amend Section 219 of the Zoning Ordinance Relating to Temporary Uses  City CouncilMeeting December 2,2014 Page 3 of6 City Manager Sorah reviewed this ordinance for Council. Last month, final approval was given to Ordinance l4-18 which authorized the establishment of regulations governing the operation of mobile vending units in public spaces such as parks, parking lots, and street rights-of-way. The regulation of mobile vending units on private property is to be addressed in the City's zoning ordinance. To that end, Ordinance 14-21amending Section 219 of the Zoning Ordinance relating to Temporary Uses is submitted for consideration on first reading. The proposed amendment inserts new language for the definition of Temporary Mobile Vending Units. This amendment is proposed to establish guidelines for operation of the mobile vending units. Section 219.D will provide a definition for the application of the Mobile Vending Ordinance. Ordinance 14-21 amends the definition as follows: "Temporary Mobile Vending Units, including but not limited to trucks, trailers, carts or similar units, may be permitted provided that such units: (1) are located on commercially zoned private property; (2) have written permission from the property owner; (3) obtain all applicable licenses and permits; and (4) are removed from the permitted premises when not in use and between the hours of l0:00 p.m. and 6:00 a.m. This provision does not apply to mobile vending units that are operated in conjunction with community events as authorized by the City Manager." Councilwoman Feierabend moved to approve this ordinance on first reading, and Vice Mayor Keen seconded. The motion passed by a unanimous roll call vote. B. Adoption of Ordinances (Second Reading): Ordinance 14-20 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July 1,2014 through June 30, 2015 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 stated that the fee would only be charged for tickets with a disposition of guilty. Councilman Young moved to approve this ordinance on second reading, and Councilwoman Feierabend seconded. The motion passed by a unanimous roll call vote. C. Resolutions: Resolution 14-104 - A Resolution Approving an Electronic Traffic Citation Fee  City Council Meeting December 2,2014 Page 4 of 6 City Manager Sorah reviewed this resolution to approve an electronic traffic citation 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 trafflic citation system used by law enforcement agencies. 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 as previously discussed during public hearing for the budget amendment for the required special revenue fund. Annually, the City commits approximately $60,000 to the electronic traffic citation service. Based upon the issuance of traffic citations during the past thirty-six months, it is anticipated that the citation fee would generate approximately $20,000 annually in new revenue to be earmarked for the service. Public Chapter 750 authorizes municipalities to establish the fee by resolution. In addition, the Act stipulates that the fee shall terminate five years from the date on which the resolution is effective. Vice Mayor Keen 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 Dolan moved to approve, and Councilman Young seconded. The following items were approved by unanimous Councilvote: a Minutes - November 4, 2014, City Council Meeting, a Minutes - November 17 ,2074, Special Called City Council Meeting, a Minutes - November 17,2014, City Council Work Session, a Resolution l4-ll5 - A Resolution Awarding a Bid for the Purchase of a Bio-Solid Application Truck, a Resolution 14-116 - A Resolution Approving the Purchase of Police Tasers,  City CouncilMeeting December 2,2014 Page 5 of6 a Resolution l4-ll7 - A Resolution Accepting Apple Lake Private Drive as a Public Street, a Resolution 14-118 - A Resolution Approving the Purchase of 800 Megahertz Radros and Related Equipment, a Resolution l4-ll9 - A Resolution Approving the Submittal of a Grant Application to the U.S. Department of Homeland Security under its Assistance to Firefighters Grant Program, a Resolution 14-120 - A Resolution Awarding Bids for the Purchase of Bulk Fuel, Resolution l4-l2l - A Resolution Approving an Agreement for an Enterprise Resource Planning System, a Resolution 14-122 - A Resolution Awarding Bid for the Purchase of Uniforms, and a Resolution 14-123 - A Resolution Endorsing the Joint Legislative Policy of the Tri- Cities for the 201 5 Session of the Tennessee General Assembly. BOARD OF EDUCATION LIASON REPORT: None CITY MANAGER'S REPORT: City Manager Sorah discussed the starting time of the December 16th work session. Councilwoman Dolan made a motion for the meeting begin at noon, and Mayor Powers seconded the motion. The motion passed by a unanimous roll call vote. City Manager Sorah also discussed upcoming events and the recent move of BTN-TV on Charter from channel 16 to I19. CITY COUNCIL COMMENTS: Councilman Young discussed the opportunit¡, 11'ru¡ he had to attend the National League of Cities Conference and the educational experience of the trip. He wished everyone a Merry Christmas. Councilwoman Feierabend seconded Councilman Young's comments regarding the National League of Cities Conference. She also discussed upcoming events in the downtown area.  City Council Meeting December 2,2014 Page 6 of 6 Councilwoman Dolan acknowledged the public comments made earlier regarding Halloween events at Steele Creek Park. She stated that the fee is not for a profit, but rather it is collected to help offset operational costs of the park. She appreciated his comments. She discussed that 2014 was a good year for the City and wished everyone a Merry Christmas. Vice Mayor Keen expressed his appreciation for the value of partnerships and working problems out. He congratulated the CMA graduates and thanked them for their community service. He concluded by saying Merry Christmas. Mayor Powers stated that The Pinnacle was now 100% leased in all current available space. She discussed the growth in the City in conjunction with the need for resources to perform City services. She encouraged everyone to help others during the holiday season and wished the public to have a Merry Christmas. There being no further business, the meeting was adjourned at 7:39 p.m Lea Powers, Mayor Tara E. Musick, City Recorder