City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING March 312015 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, March 3,2015, 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: Councilman Young gave the invocation, and Councilwoman Michelle Dolan led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Recognition of Bristol First Program Award - Mayor Powers recognized Benjie Tolbert, Business Services Supervisor in the Finance Department, as the Bristol First Program Award winner for January. Mrs. Tolbert administers the licensing of businesses to operate in the City. A citizen was trying to obtain a business license for a friend, but she was not the actual owner of the business. Mrs. Tolbert explained the licensing process and worked with the lady during the entire process. She was nominated by the customer for this award by providing assistance in a manner that exceeded normal expectations. Mrs. Tolbert was in attendance to receive the award. PRESENTATIONS: None. PUBLIC HEARINGS: None.  City Council Meeting March 3,2015 Page2 of7 APPEARANCE OF CITIZENS: Tom Heibel, 716 Bluff City Highway, requested Council to pass an Ordinance to define the word fetus. APPOINTMENTS: Bristol Tennessee Housing and Redevelopment Authority - Ms. Ella Kane was unanimously appointed to serve a term of office ending March 31,2020. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 15-1 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as B-18, Neighborhood Shopping/Office District (1031 Windsor Avenue) City Manager Sorah presented this ordinance which would amend the zoning map for property at 1031 Windsor Avenue from RE (Established Residential) to B-18 (Neighborhood Shopping/Office). The rezoning request is from James Trivitt, Jr., the property owner. The purpose for the rezoning is to allow the property owner who also owns the adjacent property, A Plus Plumbing, to better utilize the property. The property is on the corner of Windsor and l lth Streets and is vacant. The Bristol Tennessee Regional Planning Commission, at its meeting of February 24,2015, recommended approval of the rezoning as presented and noted that the rezoning is compatible with the Land Use Plan and Policy. Staff recommends approval ofthe attached ordinance as presented. Councilwoman Feierabend asked for the B-18 description. Economic and Community Development Director Shari Brown clarified proper uses, required setbacks, and parking that would be allowed based upon the square footage of the property. Councilwoman Feierabend expressed her concern for expanding a business in an areathat was primarily residential. The City has worked to develop the neighborhood and to decrease multi-family housing in the historiü area. Since this property is attached to a cun'ent lrusiness, it can bc rczoned where other nearby parcels could not be. The Land Use Plan and Policy provided that business in the area could be expanded if the properties were attached. Councilman Young inquired as to responses from members of the community. Only the owner has responded in favor of the rezoning.  City Council Meeting March 3,2015 Page 3 of 7 Councilwoman Feierabend also discussed the cument use of the property in question since the space was being used to park heavy equipment. Mayor Powers discussed that additional information had helped her reconsider the matter and she was also concerned about the expansion of businesses in a historic residential area. Councilwoman Dolan moved to approve this ordinance on flrrst reading, and Vice Mayor Keen seconded the motion. The motion passed by the following majority vote: Councilwoman Dolan Yes Councilwoman Feierabend No Vice Mayor Keen Yes Mayor Powers No Councilman Young Yes Ordinance l5-2 - An Ordinance to Amend Section 2013 of the Zoning Ordinance Relating to Off Street Parking City Manager Sorah presented this ordinance which would amend Chapter 213 of the Zoning Ordinance titled Off-Street Automobile Parking. The amendment is in relation to Assisted Living Facilities and Nursing Homes. The current provisions for parking for each of these uses are one (1) space per every 285 square feet of gross floor area. The amendment to the zoningtext would be: Assisted Living Facility: One (1) space per unit plus one (l) space per employee at peak shift Nursing Home: One (1) space per bed plus one (1) space per employee at peak shift The Bristol Tennessee Regional Planning Commission, at its meeting of February 24,2015, recommended the zoning text change as presented. Staff recommends approval of the attached ordinance as presented. Vice Mayor Keen moved to approve this ordinance on ftrst reading, and Councilman Young seconded the motion. The motion passed by a unanimous roll call vote. B. Adoption of Ordinances (Second Reading): None.  City Council Meeting March 3,2015 Page 4 of7 C. Resolutions: Resolution l5-7 - Initial Resolution Authorizing the Issuance of Not to Exceed Four Million Two Hundred Thousand Dollars ($4,200,000) General Obligation Bonds of the City of Bristol, Tennessee City Manager Sorah reviewed this resolution which formalizes the intent of City Council to issue up to $4,200,000 in new bonds and provides public notice of the planned borrowing according to statute. The resolution provides details of the Series 2015 bond issue which call for a fixed rate borowing not to exceed $4,200,000. The bonds will be sold by competitive sale. Capital projects planned for funding with the proceeds from the sale include the Cypress Street drainage improvements, Phase IV of the Downtown Flood Study, reconstruction ofEast Cedar Street, architect and engineering services necessary for a future Fire/EMS substation on West State Street, expansion of the Steele Creek ParkNature Center, and purchase of radios for the new county-wide public safety radio system. The term of the borrowing is for a period of thirty years for all projects with the exception of the public safety radio equipment, which will be for a term of ten years. Mr. Scott Gibson, Cumberland Securities Company, Inc., of Knoxville, Tennessee, will serve as financial advisor and Mr. Mark Mamantov, of Bass, Berry and Sims, of Knoxville, Tennessee, will serve as bond counsel. This resolution satisfies the public notification requirement for the issuance of debt. In April, staff anticipates presenting a bond resolution which formally authorizes the issuance of debt in support of the projects identified above. Councilwoman Feierabend moved to approve this resolution, and Councilman Young seconded the motion. The motion passed by a unanimous roll call vote. Resolution 15-8 - A Resolution Declaring Support for Senate Bill 1134 and House Bill 1303 Pending in the 109th General Assembly of the State of Tennessee City Manager Sorah presented this resolution to Council. The Tennessee Municipal Electric Power Association is encouraging municipal power providers and local governments to support proposed SBI134/HBl303 related to municipal broadband expansion. The proposed legislation removes the cunent limitation on the service arca available to municipal electric broadband providers. Municipal electric broadband providers are currently restricted to providing broadband service only in their electric service territory. High speed broadband is a basic service requirement in today's digital world. The service is an essential element of economic development, enhances educational opportunities, increases regional and global competitiveness, and provides a better quality of life. 'While we enjoy the benefrts of being a "Gigabit Community", there are many areas of Tennessee that lack access to high-speed broadband service. The ability to extend this service beyond the municipal electric service territory will provide an opportunity for customers to choose their provider and ensure a high quality of broadband service at a competitive price.  City Council Meeting March 3,2015 Page 5 of7 The Bristol Tennessee Essential Services Board of Directors will consider a similar resolution supporting the proposed legislation at their March lSth meeting. The ability to extend broadband service beyond the existing service teritory will give municipal electric systems and local communities more options to serve ratepayers and citizens. Bristol Tennessee Essential Services (BTES) Representative Clayton Dowell stated that the system had no plans to expand at this time. However, it was important to keep the option open for the future and could benefit economic development. Councilman Young asked how the new FCC rulings would impact the system and possible expansion. Mr. Dowell stated that this resolution is to assist with getting State of Tennessee Assistance only and not the FCC. Councilwoman Dolan and Mayor Powers both stated that the entity has capacity to provide services to areas where other options may not be available. The system also has the best quality and lGB service to offer. Councilman Young expressed his concern that, if allowed, systems would expand into areas unnecessarily without considering the return on the investment and result in higher rates for curent customers. Mr. Dowell clarified that a request had to be made for expansion into an area to occur. Councilwoman Dolan moved to approve this resolution, and Vice Mayor Keen seconded the motion. The motion passed by the following majority vote: Councilwoman Dolan Yes Councilwoman Feierabend Yes Vice Mayor Keen Yes Mayor Powers Yes Councilman Young No CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Young moved to approve the consent agenda, and Councilwoman Feierabend seconded the motion. The following items were approved by unanimous Council vote: a Minutes - February 3,2015, City Council Meeting, a Minutes - February 17,2015, City Council Work Session, Resolution 15-09 - A Resolution Awarding a Contract for Engineering Services for the Cedar Creek Sanitary Sewer Trunk Line Improvements,  City Council Meeting March 3,2015 Page 6 of7 a Resolution 15-10 - A Resolution Awarding Bid for the Purchase of Traffic Control Materials, and a Resolution 15-11 - A Resolution Awarding Bid for the Purchase of Firefighting Turnout Gear. BOARD OF EDUCATION LIASON REPORT: Director of Schools Gary Lilly thanked the City of Bristol, Tennessee staff for working so hard to keep the roads cleared during the recent storms. He discussed the upcoming Second Annual Arts Festival. A recently received grant will also be used to offer more science, technology, engineering, and math projects which follow the strategic plan of the school system. Intersession will also be offered again this year during Spring Break. CITY MANAGER'S REPORT: City Manager Sorah thanked the Parks and Recreation and Public Works Departments for working so hard to keep the City's roads clear during the winter weather. He discussed an upcoming meeting of local government bodies, such as the City Council, Board of Education, Power Board, and Sullivan County Commission to discuss goals and how the community can best be served by intergovernmental cooperation. City Manager Sorah discussed the upcoming March opening of Belk at The Pinnacle and other progress of the development. He expressed condolences to the family of Redford Lunsford. Mr. Lunsford was a long-term member of City staff that recently passed away. CITY COUNCIL COMMENTS: Councilwoman Feierabend discussed an upcoming environmental conference at the Meadowview Conference Center. She also complimented staff for their snow removal services and Community Relations for the usage of the drone to provide images and photos. Councilman Young discussed attending the recent Tennessee Municipal League (TML) meeting in Nashville and the appreciation of legislative members and other representatives to be contacted by citizens ofthe areas that they represent. Vice Mayor Keen also thanked staff for their hard work during the storms and was thankful for upcoming warmer weather.  City Council Meeting March 3,20L5 PageT of7 Councilwoman Dolan congratulated Mrs. Tolbert for proving excellent customer service. She expressed her excitement over government and private partnerships such as the donation to the school system by Niswonger. She was also appreciative of the City being more business friendly and supporting the community. She discussed that the Belk store would have offerings that could not be found anywhere else in the Tri-Cities area. Councilwoman Dolan also expressed her support for the BTES bill and appreciation for the staff that worked so hard during the storms. Mayor Powers mentioned meetings with Bristol Virginia Utility Authority regarding a large improvement project planned for the Joint Sewerage System and Bristol Tennessee City Schools in regards to where the schools are going programmatically and their capital needs. It is important to continue to develop partnerships to carry the current momentum forward. She mentioned that discussions and varying opinions were good for everyone and provide many beneflrts. She also reminded everyone to take care of their pets during the cold weather. There being no further business, the meeting was adjourned at 8:10 p.m Lea Powers, 6"r% Tara E. Musick, City Recorder Mayor