City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING June 2,2015 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, June 2,2015, 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: Mayor Powers gave the invocation, and Councilwoman Dolan led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: NONE PROCLAMATIONS AND RECOGNITIONS: Bud Phillips Day (June 15, 2015) - Mayor Powers read a proclamation designating June 15, 2015, as V.N. "Bud" Phillips Day. Men's Health Week (June 5*21, 2015) - Councilwoman Dolan read a proclamation designating the week of June 5-21,2015, as Men's Health Week. Dr. Michelle Reece from ETSU's College of Public Health was in attendance to accept the proclamation and thank Council for the recognition. Bristol Tennessee Traffic Safety Ambassador - Major Matt Austin and Officer Nathan Greene discusscd thc Bristol Tcnncsscc Trafhc Safcty Ambassodor Program. The program is in its ninth year and is designed to give children in school an opportunity to participate in highway safety in Bristol. Children competed by drawing a poster with a traffic safety theme that will be utilized in a public highway safety campaign during the 2015-2016 year time frame featuring the first place poster that was determined.  City Council Meeting June2,2015 Page 2 of 9 Offrcer Nathan Greene presented a plaque to Kendra Brent for winning first place. Certifrcates were presented to Faith Ayers for second place and Faith Gibson for third place. PRESENTATIONS: None PUBLIC HEARINGS: Ordinance 15-3 - 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 to amend the Fiscal 2015 Budget appropriations for the Grant Fund and School Nutrition Fund. This change is necessary to meet legal requirements and is consistent with projections included in the Fiscal 2016 Budget. The Grant Fund is proposed to increase from $286,152 to $340,000. The $53,848 increase is required due to the renewal of a grant that was expected to not continue. During the Fiscal 2015 Budget process, management thought that the Bristol Tennessee Housing and Redevelopment Authority would be unable to obtain funding to support the extra police officer funded by the agency. Therefore, the position and grant were not budgeted. Early in the fiscal year, notice was received that the position would continue to be funded at the same level. An amendment is required to account for activity related to this grant which was funded from other grant revenue. The School Nutrition Fund is proposed to increase from $2,147,500 to $2,312,500. The $165,000 increase is required to account for increased capital outlay costs related to the installation of new serving lines in the cafeteria at Tennessee High School. Preliminary estimates of the project were much lower than actual costs. Therefore, an amendment to the fund is required to account for the difference. The additional costs will be funded by a combination of current year revenue and fund balance. The public hearing was closed after no public comments. Ordinance l5-4 - An Ordinance to Establish the Property Tax Rate, Adopt a Budget, and Appropriate Funds for the Fiscal Year July 1,2015 through June 30,2016 City Manager Sorah reviewed this ordinance for formal adoption of the Fiscal 2016 Budget and appropriations for the flrscal year beginning July 1,2075. The Fiscal 2016 Budget totals $96,816,429. This reflects a decrease of $ 1,549,8 42 fuom thc Fiscal 201 5 Budgct. In addition, thc Ordinance establishes the property tax levy at the curuent rate of $2.25 per $100 of assessed value, The municipal government portion of the budget stands at $55,617,726, a decrease of $1,950,545 from the Fiscal 2015 Budget. This decrease is attributable to a reduction in capital project spending. The proposed budget includes a modest employee cost of living increase of 1.7%.  City Council Meeting June2,2015 Page 3 of9 In addition, the proposed budget reduces the City's stafflrng level by two fulltime positions. The force reduction will occur through attrition. The proposed budget maintains the current property tax rate, solid waste fees, stormwater fees, and sanitary sewer fees. The budget does include a proposed water fee increase of 3.5Yu The school system portion of the budget totals $41,198,703, an increase of $400,703 from the Fiscal 2015 Budget. The municipal government budget remains unchanged from that presented to City Council at the April 2l't work session. Tom Heibel, 716 Bluff City Highway, stated that he opposes the organizations that the City supports. He questioned the funding allotted for education and the quality of the programs offered. The public hearing was closed after no further comments Ordinance 15-5 - An Ordinance Fixing Rates Charged for Water Sold by the City of Bristol City Manager Sorah reviewed this ordinance to adopt new water rates for utility customers served by the City of Bristol. As reviewed in the work session of April 21"t, awater rate increase of 3.5Yo is necessary to maintain the flrnancial integrity of the Water Segmentof the Waterworks Fund. The Waterworks Fund is a proprietary fund that must, in accordance with statute, operate over time with a net income and positive change in net assets or be subject to the rate control of the state. An increase of 3.5o/o is required in each of the next two years to stabilize the Water Segment that is projected to incur a net cash flow deficit in FY 2017. Also, projected ending cash at the end of FY 2016 is expected to be approximately $25,000 in absence of a rate increase. A loan from the Sewer Segment of $500,000 is proposed in each of the next two years to maintain a positive cash balance in this segment. The water rate adjustment will result in additional cash flow that is planned to be utilized to repay the loan from the Sewer Segment over time. The new rate structure is projected to increase water revenues by approximately $119,000 in Fiscal 2016 and $123,000 in Fiscal 2017. A typical residential customer consuming 5,000 gallons of water per month will see an increase of $0.65 per month. The last water rate increase was effective in July of 2010. The rate adjustment does not apply to wholesale utility districts having a water sale agreement with the City. This includes the Blountville Utility District and the Intermont Utility District. The public hearing was closed after no public comments. Ordinance 15-6 - An Ordinance to Amend the Zoning Ordinance So As to Insert Provisions Relating to Access Control City Manager Sorah reviewed this ordinance to amend the Zoning Ordinance so as to insert provisions relating to access control. The proposed amendment includes provisions to provide property owners with roadway access standards that facilitate safe and efÍicient access to public streets.  City Council Meeting June 2,2015 Page 4 of9 The proposed amendment is a joint work product of the Department of Economic and Community Development and the Department of Public Works. Their recommendations include criteria for limiting the number of access points for each property, the inclusion of service roads when safety or operational concerns arise, and roadway improvements when conditions warrant. In addition, spacing requirements from property lines for both residential and non-residential property, minimum access distances from adjacent street right'of-ways, and details on the access way are included in the proposed amendment. The proposed amendment is a part of the Fiscal 2015 Goals and Objectives program. The ordinance was considered by the Planning Commission on April 20th and received their unanimous approval. Shari Brown, Economic and Community Development Director, discussed the matter in fuither detail for the public. She clarified definitions, required access way per property, spatial requirements, and minimum access distances from adjacent right of way. Access ways are to be designed to avoid vehicles backing out on collector or arterial streets. The hearing was closed after no public comments. APPEARANCE OF CITIZENS: Linda Gary, 1010 Anderson Street, stated that there are issues with a residence in her neighborhood that she would like the City's assistance with. She lives in the Weed and Seed area that has worked very hard to improve their neighborhood. The house at 1014 Anderson Street has been vacant for almost twenty years and is falling down. She requested that the condition of the property be considered and if anything could be done to correct the situation. John Cartwright requested that the bridge on Anderson Street be renamed Veteran's Memorial Bridge. He is willing to provide assistance in any manner if this could be done. Tom Heibel, 716 Bluff City Highway, wants the City to follow a more conservative agenda versus a liberal agenda. Diane 'Whitaker lives near Tennessee High School. She spoke against pit bulls running at large and her concern for public safety. APPOINTMENTS: None. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None  City CouncilMeeting June2,2015 Page 5 of9 B. Adoption of Ordinances (Second Reading): Ordinance 15-3 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July lr2014 through June 30' 2015 City Manager Sorah reviewed this ordinance as part of the public hearing portion of the meeting. Councilwoman Feierabend moved to approve this ordinance on second reading, and Councilman Young seconded the motion. The motion passed by a unanimous roll call vote. Ordinance l5-4 - An Ordinance to Establish the Property Tax Rate, Adopt a Budget, and Appropriate Funds for the Fiscal Year July 1,2015 through June 30' 2016 City Manager Sorah reviewed this ordinance as part of the public hearing portion of the meeting. Councilwoman Feierabend moved to approve this ordinance on second reading, and Vice Mayor Keen seconded the motion. The motion passed by a unanimous roll call vote. Ordinance 15-5 - An Ordinance Fixing Rates Charged for Water Sold by the City of Bristol City Manager Sorah reviewed this ordinance as part of the public hearing portion of the meeting. Councilwoman Feierabend clarifred that enterprise funds must be self-supporting. Councilman Young also stated that changes in operational practices and costs had been considered during the budget process. City Manager Sorah clarifred that staffing is being reduced as a result of implementation of the new automated meter reading system. Councilwoman Feierabend also wanted to clarify that the water infrastructure is similar to roads and needs to be repaired or can be more costly and a bigger problem in the future. Councilwoman Dolan asked if pricing had changed for the utility districts. City Manager Sorah clarified that two districts were under rate contracts. This rate increase will impact the three utility districts not under a contract. Councilwoman Dolan stated that she stands by her comments made during first reading. Mayor Powers stated that the fund must be revenue neutral and that costs must be covered by the rates. Vice Mayor Keen moved to approve this ordinance on second reading, and Councilwoman Feierabend seconded the motion. The motion passed by the following roll call vote: Councilman Young Yes Councilwoman Dolan No Councilwoman Feierabend Yes Vice Mayor Keen Yes Mayor Powers Yes  City Council Meeting June2,2015 Page 6 of9 Ordinance 15-6 - An Ordinance to Amend the Zoning Ordinance So As to Insert Provisions Relating to Access Control City Manager Sorah reviewed this ordinance as part of the public hearing portion of the meeting. Councilman Young asked how passage of this ordinance will impact current projects in the works. City Manager Sorah stated that any projects already underway have been already approved and will not be impacted, Councilman Young and Mayor Powers both thanked staff and the Planning Commission for all of their hard work. Councilman Young moved to approve this ordinance on second reading, and Councilwoman Feierabend seconded the motion. The motion passed by a unanimous roll call vote. C. Resolutions: Resolution 15-36 - A Resolution Approving a Memorandum of Understanding in Support of Passenger Rail Service City Manager Sorah reviewed this resolution to formalize the understanding of support of passenger rail service. For quite some time, a coalition of public and private entities have advocated for the extension of passenger rail service to Bristol. Recently, the projected extension of passenger service from Lynchburg to Roanoke by 2017 has renewed local interest in passenger rail service to Bristol, Knoxville, Chattanooga, and beyond. In order to demonstrate the frnancial feasibility of the service, a study of potential ridership and an assessment of infrastructure needs is required for the project to be considered by the Virginia Department of Rail and Public Transportation. Funding for the study could be made available from a variety of grant sources. The offrces of state and federal elected officials have been contacted regarding their support for grant funding to proceed with the feasibility study. Resolution 15-36, if approved, will memorialize City Council's support for the attached Passenger Rail Memorandum of Understanding. The document commits the respective governing bodies to work collaboratively on a unifred advocacy plan and solicit support from state and federal officials in the extension of passenger rail service to the region. The Bristol Virginia City Council approved the Passenger Rail Memorandum of Understanding at their May l2th meeting. Councilwoman Feierabend stated that a group was making plans and steady progress towards this goal. Virginia is taking the lead. Mcctings bctwccn thc Mayor and staff with thc City of Knoxville, Tennessee, and the City of Chattanooga, Tennessee have occurred. Vice Mayor Keen asked when the last passenger rail service to Roanoke occurred. Councilwoman Feierabend replied that she thought that it was in the early seventies. He was excited that the service may be able to be revived half of a century later. Councilman Young stated that this area is a corridor and not one destination.  City CouncilMeeting June2,2015 PageT of9 Councilwoman Dolan thought the service was cool but she does not believe that the program should be funded by the government. Councilwoman Feierabend stated that feasibility studies for projects of this nature are normally performed by government to jump start economic development. Vice Mayor Keen made a motion to approve the resolution on first reading, and Councilwoman Feierabend seconded the motion. The motion passed by a unanimous roll call vote. Resolution 15-37 - A Resolution Approving the First Amendment to an Agreement for a Municipal Tennis Complex City Manager Sorah reviewed this resolution to approve an amendment to the existing partnership agreement for the construction of a new tennis facility located on the site of the former Central Elementary School. This project is a joint effort of the City, Bristol Tennessee City Schools, and the Homer A. and Ida S. Jones Trust. The bids for construction of the facility exceeded available resources and the partnership has sought strategies to reduce cost and identify alternate funding sources. The proposed amendment to the original three-party agreement details a revised project scope and cost estimate. The anticipated cost of the new facility totals approximately $800,000. The City and BTCS have each committed $125,000 to the project. In addition, the Jones Charitable Trust has committed $250,000 to the project. The balance of the project cost will be paid by funds donated from community fundraising through the Bristol Tennessee City Schools Foundation. Should the fund raising effort be less than$212,000 as of June 30, 2016, the Jones Charitable Trust will contribute the balance necessary to constitute $212,000. The Bristol Tennessee Board of Education approved the proposed amendment during a called session on May 28th. BTCS will be responsible for electric service to the facility, including the capital outlay charge for lighting if necessary. Mayor Powers stated that this project had been a long time coming and that we have champion tennis teams at the high school. National Tennis Junior League (NJTL) will provide equipment for use regardless of the individual's socio economic class. Courts will also be available for public use when not being utilized by the school system. BTCS will pay for the lighting portion of the project if necessary. Councilwoman Dolan stated that she was proud of everyone that has been involved and the joint effort. Councilwoman Feierabend stated that this project was great for health, schools, economy, and the community. Councilman Young thanked the trust for working so hard with the private sector. Councilman Keen stated his agreement with the comments expressed by the other members of Council.  City Council Meeting June 2,2015 Page 8 of9 Councilwoman Feierabend made a motion to approve the resolution on first reading, and Councilwoman Dolan seconded the motion. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Vice Mayor Keen moved to approve the consent agenda, and Councilman Young seconded the motion. The following items were approved by unanimous Council vote: Minutes -May 5,2015, City CouncilMeeting, a Minutes - May 19,2015, Special Called City Council Meeting, a Minutes - May 19,2015, City Council Work Session, a Resolution 15-32 - A Resolution Approving the Purchase of Insurance and Related Services, a Resolution 15-33 * A Resolution Approving the Partial Release of a Sanitary Sewer Easement Across Property Owned by Bristol Real Estate Investors, LLC, a Resolution 15-34 - A Resolution Awarding a Bid for the Purchase of I Ton Pickup with a Flat Bed, a Resolution 15-35 - A Resolution Authorizing the Purchase of Software Support for Computer Aided Dispatch System, a Resolution 15-38 - A Resolution Approving a Contract with the Tennessee Department of Transportation for the Maintenance of State Highways, and a Resolution 15-39 - A Resolution Awarding a Bid for the Construction of the Ida Stone Jones Community Tennis Center. BOARD OF EDUCATION LIASON REPORT: Director of Schools Gary Lilly discussed maintenance of the facilities and capital projects that occur during the summer while school is closed. He thanked the City for the assistance with paving at the school facilities and for support of the new tennis facility.  City Council Meeting June2,2015 Page 9 of9 CITY MANAGER'S REPORT: City Manager Sorah mentioned this area as ranking amongst the highest for millennial job seekers and being amongst the top cities for growth in exported goods. He discussed the Bristol Exchange meetings and thanked the citizens and the school system for their collaboration. He also recognized Councilwoman Feierabend as the 2015 Volunteer from the Pinnacle Awards. CITY COUNCIL COMMENTS: Councilman Keen discussed upcoming events and his excitement about the tennis courts and the potential new rail service. Councilman Young mentioned the flooding challenges faced by Houston and how we face challenges. He mentioned that the City has businesses and nonprofits that help and we do have economic development and expansion of the City. Councilwoman Feierabend thanked staff for the Bristol Exchange meetings and hard work. She thanked Bud Phillips for what he has done for the community. She stated that there is a role of local government in funding infrastructure which she supports and we are fiscally conservative. Councilwoman Dolan mentioned that she is the only one against certain items. She is against over regulation and increased fees and charges. She does support renaming the bridge to the Veterans Memorial Bridge. Mayor Powers thanked everyone for the opportunity to serve as Mayor. She thanked her husband and family for their support. She also thanked Council for helping to find creative solutions with the help of staff. She discussed several projects that have occurred during her term as Mayor, such as redevelopment of 200 State Street, new facilities, increased government transparency, a balanced budget, and increased economic development. She stated that services are still being provided without a tax increase and that staff deserves a small raise. She stated that we should strive for perfectionism and accept exceptionalism. There being no further business, the meeting was adjourned at 8:36 p.m. Mayor e Tara E. Musick, City Recorder