City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING April7,2015 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, April 7 ,2015, at 7 :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: Terry French, Volunteer Baptist Church, gave the invocation, and Councilwoman Michelle Dolan led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS : Bristol Arbor DayÆarth Day (April24,2015) - Councilwoman Margaret Feierabend read a proclamation to honor Bristol Arbor Day/Earth Day. Mr. Jeremy Stout, Nature Center Manager, was in attendance to accept the proclamation. National Community Development Week ($pril q,ln -tt') - Mayor Lea Powers read a proclamation designating the week of April 6"'to 11"'as National Community Development Week. Ms. Shari Brown, Director of Economic and Community Development, and Ms. Donna Malone, Community Development Specialist, were in attendance to accept the proclamation. Recognition of Bristol First Program Award - Mayor Powers recognized David Cullop, Public Works Department, as the Bristol First Program Award winner for February. A citizen wrote a letter to the editor of the local newspaper because Mr. Cullop assisted her when she fell during a recent snow event. Mr. Cullop was in attendance to receive the award.  City Council Meeting April7,2015 Page 2 of8 PRESENTATIONS: None. PUBLIC HEARINGS: 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 reviewed this ordinance which would amend the zoning map for property at l03l'Windsor Avenue from RE (Established Residential) to B-18 Q.{eighborhood 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 llth 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. There being no public comment, this public hearing was closed. Ordinance l5-2 - An Ordinance to Amend Section 2013 of the Zoning Ordinance Relating to Off Street Parking City Manager Sorah reviewed 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 Hornes. The current provisions for parking for each of these uses are one (l) space per every 285 square feet of gross floor area. The amendment to the zoning text would be: Assisted Living Facility: One (1) space per unit plus one (1) 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. There being no public comment, this public hearing was closed. APPEARANCE OF CITIZENS: Todd Beech, 33 I Bethel Drive, discussed water problems for the residential areas close to Exide. He has a contract to purchase a parcel currently with water problems and would like for the property to return to Greenbelt and not be considered residential.  City Council Meeting April7,2015 Page 3 of8 Jerry Wheeler, 278 Red Deer, Bluff City, TN, discussed concerns of residents in the area surrounding Exide. He thanked management for clarifying that Exide is in a bankruptcy process and is an ongoing operating facility. Residents are concerned about the environmental impact and pollution from the facility. Tom HeibeI, T l6 Bluff City Highway, spoke against the restaurant privilege tax. Mahlon Luttrel, 224Memory Lane, is the President of Bristol Baseball. Only 160 cities have a pro baseball team. Bristol is very unique since the City has had a team for 47 years. He supports the resolution for the restaurant privilege tax. Ron Crockett spoke in favor of the resolution supporting a restaurant privilege tax. People need to be realists and support the City versus visiting Exit 7 and supporting the City of Bristol, Virginia. Sandra Grubb requested that the restaurant privilege tax be tabled. She does not want additional taxes imposed on restaurants. Councilwoman Feierabend clarified that the tax would be added to the bill and paid by the customers versus the business. APPOINTMENTS: Community Development Advisory Committee - Mr. Ronald Crockett and Mr. Justin Horton were appointed to the Cor-r-rmunity Development Advisory Committee by a unanimous vote. Mr. David Flagg was appointed to the Community Development Advisory Committee by a majority vote, with Councilman Young voting for Mr. Torn Heibel. The three members will serve a three year term ending April 30, 2018. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None. B. Adoption of Ordinances (Second Reading): Ordinance 15-1 - An Ordinance to Amend the Zoning Map of Bristol Tennessee by Designating Certain Property as B-1B, Neighborhood Shopping/Office District (1031 Windsor Avenue) City Manager Sorah reviewed this Ordinance which was the earlier subject of a public hearing. Vice Mayor l(een made a motion to approve the Ordinance on second reading, and Councilwoman Dolan seconded the motion.  City CouncilMeeting April7,2015 Page 4 of I Councilwoman Feierabend voiced opposition to the Ordinance due to not wanting to change use in a residential area. The zone and not the use of the property must be considered. The motion passed by the following roll call vote: Councilman Young Yes Councilwoman Dolan Yes Councilwoman Feierabend No Vice Mayor Keen Yes Mayor Powers Yes Ordinance l5-2 - An Ordinance to Amend Section 2013 of the Zoning Ordinance Relating to Off Street Parking City Manager Sorah reviewed this Ordinance which was the earlier subject of a public hearing. Councilwornan Feierabend made a motion to approve the Ordinance on second reading, and Councilman Young seconded the motion. The motion passed by a unanimous roll callvote. C. Resolutions: Resolution 15-14 - A Resolution Requesting the General Assembly of the State of Tennessee to Enact Legislation Authorizing the City of Bristol to Levy and Impose A Restaurant Privilege'fax City Manager Sorah reviewed this Resolution. An element of the 2015 Tri-Cities Legislative Policy was a request for legislation enabling municipalities to impose a restaurant tax. Recently, similar legislation was made available to Gatlinburg and Sevierville to provide funding in support of their tourism infrastructure. Representative Lundberg has sponsored the attached legislation that, if passed by the General Assembly, will provide the City of Bristol the authority to impose a not-to-exceed2o/o privilege tax on meals served by restaurants, cafes, cafeterias, caterers and similar establishments. Under the proposed legislation, the vote to impose the restaurant tax would require a two-thirds vote of Council. If approved , 7 5o/o of the proceeds collected from the privilege tax would be used for tourism promotion or tourism infrastructure, including municipally owned venues such stadiums, event centers, park facilities, etc. The passage of this Resolution does not authorize the restaurant tax. The Resolution only serves to indicate City Council's support for legislation authorizing the City to impose a restaurant tax at some point in the future. Support for this proposed legislation is important during this legislative session.  City CouncilMeeting April7,2015 Page 5 of8 As Council is aware, efforts are underway to assess the feasibility of a hotel/convention center and a new baseball stadium. In addition, a study assessing the need for a community aquatic facility will be underway next fiscal year. If any of these projects are deemed feasible, a restaurant tax could be a potential funding source. Councilwoman Feierabend moved to approve the Resolution, and Vice Mayor Keen seconded the motion. Vice Mayor Keen discussed that25o/o of the funds could be used to fund construction of the new middle school. He stated that any way to fund the new middle school must be considered. School facilities enhance economic development and need to be part of providing a work ready community. In order to not raise property taxes to fund the project, this tax could be used as a furiding source partially from outside City residents. Councilman Young stated that he would not support the Resolution because this could be seen as a hindrance to economic developrnent and an additional tax. He does not want to impact growth. Councilwornan Dolan is against any new taxes. This legislation is just for Bristol and not for state-wide use. The impact will be felt by citizens every day. She expressed concerns over the language of the legislation. Councilwoman Feierabend spoke in favor of the Resolution and stated that growth comes from the City. No one likes new taxes, but everyone likes the services and facilities provided by the funds. She reinforced that this Resolution is just to be able to have the right to enforce the tax. It does not actually establish the tax. Mayor Powers stated that this request was mentioned in the 2012 Strategic Plan and part of the Legislative Policy. Manufacturing is declining and tourism and services is a source of future growth for the City. She stated that the opporlunity to have this passed by the State many not exist in the future. Mayor Powers would rather have the funds returned to the City versus funding the City of Bristol, Virginia where many residents currently dine. The Pinnacle willprovide more opportunities to support our own needs. The rnotion passed by the following roll call vote: Councilman Young No Councilwoman Dolan No Counci lwoman Feierabend Yes Vice Mayor I(een Yes Mayor Powers Yes Resolution 15-15 - A Resolution Authorizing the Issuarrce of General Obligation Bonds, Series 2015, in the Aggregate Principal Amount of Not to Exceed Four Million Two Hundred Thousand and No/100 Dollars of the Cify of Bristol, Tennessee; Making Provisions for the Issuance, Sale and Payment of said Bonds; Establishing the Terms Thereof and the Disposition of Proceeds Therefrom; and Providing for the Levy of Tax for the Payment of Principal of, Premium, if any, and Interest on the Bonds  City CouncilMeeting April7,2015 Page 6 of 8 City Manager Sorah reviewed this Resolution. In March 2015, City Council approved Resolution l5-7 formalizing Council's intentto issue up to $4,200,000 in general obligation debt. This action satisfied the twenty-one day requirement for public notification. Upon completion of the public notification requested, Council is able to move forward with issuing the debt. This Resolution authorizes the issuance of upto $4,200,000 in General Obligation Bonds, Series 2015, to be used for financing various public improvement projects. The Resolution provides details of the Series 2015 bond issue which calls for a fixed rate borrowing not to exceed $4,200,000. The bonds will be sold by competitive sale. Capital projects planned for furnding with the proceeds f¡om the sale include the Cypress Street drainage improvements, Phase IV of the Downtown Flood Study, reconstruction of East Cedar Street, architect and engineering services necessary for a future Fire/EMS substation on West State Street, expansion of the Steele Creek Park Nature 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. Councilman Young moved to approve the Resolution, and Vice Mayor l(een seconded the motion. The motion passed by unanimous roll call vote. Resolution 15-18 - A Resolution Approving Tax Equivalent Payments City Manager Sorah reviewed this Resolution that would approve tax equivalent payments in a total of 52,499,432.47 froni BTES. The City will receive a total of $1,926,837.31 from those payments, an increase of $32,116 from the prior fiscal year. Councilwoman Dolan moved to approve the Resoh:tion, and Vice Mayor Keen seconded the motion. The motion passed by unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Young moved to approve the consent agenda, and Councilwornan Feierabend seconded the motion. The following items were approved by unanimous Council vote: a Minutes - March 3,2015, City Council Meeting, a Minutes - Marcli 17,2015, City Council Work Session, a Resolution 15-12 - A Resolution Authorizing the Purchase of Software Support for GIS, a Resolution 15-13 - A Resolution Awarding Bid for the Purchase of Refuse Containers,  City Council Meeting April7,2015 Page 7 of 8 a Resolution 15-16 - A Resolution Approving the Purchase of Emergency Restoration Services, Resolution 15-17 - A Resolution Approving the Submittal of an Application to the U.S. Department of Homeland Security for Funding under the Fire Prevention and Safety Grant Program, Resolution 15-19 - A Resolution to Authorize an Employer Participating in the Tennessee Consolidated Retirement System ("TCRS") to Reduce the Amount of Employee Contribr"rtions the Ernployer Shall Assume and Pay to TCRS on Behalf of its Employees Who Are l-lired On or After July I,2012, o Resolution 15-20 - A Resolution Authorizing the Purchase of Soflware for the Water Treatment Plant Telemetry Upgrade, Resolution 15-21- A Resolution Authorizing the Purchase of Software Installation and Programming Services for the Water Treatlnent Plant, a Resolution 15-22 - A Resolution Adopting Purchasing Procedures for Projects Funded by the Fccleral Transit Adrninistration, o Resolution 15-23 - A Resolution Awarding a Contract for Preliminary Engineering Services Agreemcnt, a Resolution 15-24 - A Resolution Authorizing the Purchase of Equipment for Police Vehicles, and a Resolution 15-25 - A Resolution Authorizing the Submittal of an Application for Highway Safety Grants. BOARD OF EDUCATION I,IASON REPORT: Director of Schools Gary Lilly mentioned upcoming TCAP testing and the offering of a free ACT review camp. 'l'he strategic planning process is coming along very well. He discussed the TN Scholars program which is being managed by the Chamber where students can take more vigorous studies and perform service hours of work. The program was started by Eastman.  City Council Meeting Apfil7,2015 Page 8 of8 CITY MANAGER'S RIIPORT: City Manager Sorah discr-rssed upcoming meetings and events. He mentioned that customer service training was held for almost 100 employees. Steele Creek Park is also offering a Park Passport which can be used to enter the park annually at a cost of $50.00. CITY COUNCIL COMMENTS: Vice Mayor Keen discr,rssed the difficulty in recruiting businesses since NAFTA regulations were enacted. Local governments can assist in industrial development if education, good school facilities, and a work rezrcly community are offered. Councilman Young mentioned groups and volunteer oppoftunities available for the high school students. Chik-Fil-A is bringing a community camp to New Discovery Church. His discussed the upcoming May election and early voting. Councilwoman discussed that quality of life provided was essential to economic development. Bristol is very frscally responsible and a conservative community. We need to move forward. She discussed the offerings ol'tlie Nature Center and the Public Library Board is performing a search for a new Director tl-rrough MTAS. Councilwoman Dolan thanked the citizens for their participation. She reminded the high school seniors about the Promise Prograrn. Students can attend community college for two years for free. Mayor Powers stated that the City has a greal Council and debate is healthy for Council to work at its best. She thanke d l,iza Conway and Chain Free Bristol for their utilization of billboards to lead an education charge. There being no further business, the meeting was adjourned at 8:42 p.m y"^p^^, l^* f, n''/ Lea Powers, Mayor Tara E. Mlrsicl<, City Recorder'