City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING October 612015 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, October 6,2015, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Lea Powers, Vice Mayor Chad Keen, Councilwoman Michelle Denise, 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 Feierabend led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Lee Street Baptist Church 150th Sesquicentennial Anniversary Proclamation A proclamation recognizing the 150th Sesquicentennial Anniversary of Lee Street Baptist Church was read by Mayor Powers. Mr. Lawrence Bell, Jr. was in attendance to accept the proclamation and thanked City Council for recognizing this event. - Tennessee High School Tennis Team Championship Recognition The Tennessee High School Boys' Tennis Team was recognized for defeating Brentwood High School to win the 2015 TSSAA Class AAA Boys State Team Tennis Championship. Members of the 2015 team weÍe: Stone Cozart Jacob Marshall R. D. Godsey Adair Moore Austin Henson Charlie Moseley Matt Henson Oliver Taylor Andrew Istfan Nathan Willis  City Council Meeting October 6,2015 Page 2 of 8 In addition, Reedy Toney, Tennessee High School Tennis Coach, received the national "High School Coach of the Year" award at the United States Professional Tennis Associations World Conference in New Orleans on September 22,2015. Other team accomplishments during the 2015 season included winning the Big 7 Conference, District IAAA, Region IAAA, and Section IAAA Championships. Coach Reedy Toney spoke about how far that the girls' tennis team had progressed. He also stated that he was proud that Matt Henson and Jacob Marshall won back to back state titles. He also thanked Assistant Coach Jim Flannagan for his hard work. 2015 Tennessee Governorns Law Enforcement Challenge Recognition The Police Department was recognizedfor receiving a2nd place award for the 2015 Tennessee Governor's Law Enforcement Challenge. Each year the governor's challenge is extended to law enforcement agencies across the state and is based on highway safety enforcement and education. The department competes with many other departments across the state within the category of 46-75 officers. The department's traffic safety educational programs, traffrc accident rate, and total traffic enforcement are formally reviewed and the top three agencies in their categories are recognized. Major Matt Austin and Officer Nathan Greene, Police Department, were in attendance to receive the award. Certificate of Achievement for Excellence in Financial Reporting Recognition - The Finance Department received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the City's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014. Finance Director Tara Musick was in attendance to receive this recognition. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a govemment and its management. PRESENTATIONS: None PUBLIC HEARINGS: None. APPEARANCE OF CITIZENS: NONE. APPOINTMENTS: Library Board - Ms. Gloria Oster was appointed to the Library Board by a unanimous vote for an unexpired term of office ending December 31,2015.  City Council Meeting October 6,2015 Page 3 of8 ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance l5-7 - An Ordinance to Rename Holiday Drive and South Loop Drive City Manager Sorah reviewed this ordinance that renames Holiday Drive and South Loop Drive. Holiday Drive, a public street, and South Loop Drive, a private street, located at The Pinnacle, are requested to be renamed Stevens Trail. The project developer has requested the name change. The Planning Commission, at its meeting on September 21tt, unanimously recommended the renaming of Holiday Drive and South Loop Drive as Stevens Trail. Vice Mayor Keen moved to approve the ordinance, and Councilman Young seconded the motion. The ordinance \¡/as approved on first reading by a unanimous Council vote. B. Adoption of Ordinances (Second Reading): None. C. Resolutions: Resolution 15-88 - A Resolution Approving an Agreement for the Acquisition of Certain Interests in Real Property for Public Use City Manager Sorah reviewed this resolution to approve an agreement for the acquisition of certain interest in real property for public use. In2004, the U.S. Army Corps of Engineers (USACE) completed the Beaver Creek Flood Damage Reduction Study. The USACE proposed construction improvements to the channel of Beaver Creek and Sugar Hollow dam to significantly reduce future property damage caused by flooding. The flood mitigation project involved four phases to be completed as USACE funding was made available. To date, three of the four projects have been completed. The remaining project involves the widening of the northern bank of Beaver Creek from Anderson Street to approximately 200 feet downstream of the 8th Street Bridge. This final phase of the mitigation project provides substantial flood reduction potential. Per the study, construction of this phase will reduce the 100-year flood elevation in the downtown area by approximately l-foot. The Beaver Creek channel widening requires acquisition of easements on property located along the northern bank of Beaver Creek within the project area. In July, City Council approved Resolution 15-49 authorizing the use of eminent domain to acquire both temporary and permanent easements necessary for the project to proceed. The property is owned by Tennessee House Company, L.L.C. and is occupied by Penn Stuart & Eskridge, P.C. Since that time, an agreement has been reached with the parties to acquire the necessary easements to advance the project and eliminate the need to exercise the powers of eminent domain.  City Council Meeting October 6,2015 Page 4 of 8 This resolution authorizes the City to enter into an agreement with Tennessee House Company, L.L.C. and Penn Stuart & Eskridge, P.C. to purchase the easements for a sum of $110,000. In addition, as part of the flood channel improvement project, the parking lot on the property will be reconfigured and restored. The construction contract, administered by the USACE, will stipulate that construction activity will be performed between the hours of 6:00 p.m. and 8:00 a.m. to avoid disruption during the business day. In an effort to address the loss of parking capacity resulting from the project, the agreement provides for dedicated on-street parking along the west side of 8th Street and the construction of a public parking arca at the trailhead of the Wes Davis Greenway. Staff believes this agreement will meet the needs of the flood improvement project and satisfy the concerns of the affected parties. Councilman Young moved to approve the resolution, and Mayor Powers seconded the motion with the reserve that she has the right to amend her motion later. Councilwoman Feierabend inquired about exactly who the agreement was with. If the owner moves, her concern was who would own the property at that point. City Attorney Hyder clarified that the property would remain with the owner. She also asked how many parking lots would be lost due to this project. Public Works Director Tim Beavers clarified that 13 spots would be lost by the business, but 2 lots are currently being used by dumpsters. The net loss would be 11 parking sports. Her concern was also how often other cities allow parking on public streets. City Manager Sorah stated that he was unsure but that the City has three leased parking lots in the downtown area. Councilman Young inquired if restrictions regarding parking were during business hours only. The presented agreement does not specify. Public 'Works Director Beavers clarified that the understanding was that parking would only be restricted between the hours of 8:00 a.m. to 6:00 p.m. Councilwoman Feierabend stated that she was concerned about using public streets for private parking and the precedent that this decision could set. The United V/ay is losing 10 spots and expected to utilize on street parking that will not be available if this agreement is entered into. She stated that she would vote no based upon these concerns. Councilman Young asked for clarification about how many parking spots would be available where the bridge is located. City Manager Sorah clarified that there would be 11 parking spots with no extra parking available. Vice Mayor Keen inquired about parking available on the other side of the street and could the agreement be amended. City Manager Sorah clarified that this was an up or down vote  City Council Meeting October 6,2015 Page 5 of8 and that this is the best agreement that staff could reach before the use of imminent domain may be required. Councilman Young appreciates the warning and stated that the City wants to avoid imminent domain. Mayor Powers mentioned the complications of giving up private land for a government project based upon federal funding and the timing. She questioned the timing of when the decision must be made to avoid the loss of funding. City Manager Sorah clarified that the Council action taken in September resolved the timing issues that would potentially jeopar dize the funding. Vice Mayor Keen said that since the agreement required an up or down vote that he would like for the agreement to be amended. If that action was not possible, he requested that the Council minutes state that the intent of Council was for the parking on the public street to only be allowed between the hours of 8:00 a.m. and 6:00 p.m. City Manager stated that this concern could be fixed with proper signage on the street to clarify the parking hours allowed. Councilman Young stated that he considers this area part of the downtown area and the start of the trail head. He stated that clarification of ownership transfers further could help address some of these concerns. Councilwoman Denise asked if the costs of legal options was known. City Attorney Hyder said that he was unsure and could not predict. Vice Mayor Keen asked if extra costs will be incurred for work being performed at night. Public Works Director Beavers clarified that extra costs would not be incurred. Councilwoman Feierabend asked if the resolution could be deferred for the parking times and transfer of ownership issued to be clarified. City Attorney Hyder said that he was not sure what the other side would do if the item was tabled. Councilwoman Feierabend made a motion to table this item. The motion failed for lack of a second. Vice Mayor Keen said that this being a dead end street is different than if this was a thoroughfare so he will vote yes on this item because it is good for businesses. Councilwoman Denise stated that she would also vote yes due to the same reasons that Vice Mayor Keen stated. The motion passed by the following roll call vote: Vice Mayor Keen Yes Mayor Powers Yes Councilman Young Yes  City Council Meeting October 6,2015 Page 6 of 8 Councilwoman Denise Yes Councilwoman Feierabend No Resolution 15-89 - A Resolution Appointing the City Attorney City Manager Sorah reviewed this resolution to appoint Ms. Danielle S. Kiser to serve in the capacity of City Attorney. She has akeady been appointed to the role of Corporation Counsel which serves at the direction of the City Manager and advises staff on legal matters affecting the day-to-day business of the City. Section 5-8 of the City Charter provides for the appointment of a City Attorney to serve at the will and pleasure of the City Council. Historically, the same individual has staffed both roles. This resolution formalizes the appointment of Ms. Kiser to serve in the capacity of City Attorney. The effective date of this appointment is October 14,2015. Councilman Young discussed that staff performed initial vetting procedures. Council then individually performed interviews with the final candidates. He is happy about the selection. Mayor Powers stated that she has known Ms. Kiser for several years and is confident that she will do a great job. Councilwoman Feierabend welcomed her to the City. Vice Mayor Keen moved to approve the resolution, and Councilwoman Denise seconded the motion. The resolution was approved by a unanimous Council vote. 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 - September I,2015, City Council Meeting; Minutes - September 15, 2015, City Council Work Session; a Resolution 15-83 - A Resolution Approving the Purchase of Police Tasers; a Resolution 15-84 - A Resolution Approving a Grant Contract Amendment with the Tennessee Department of Transportation for the Utilization of Federal Highway Administration Planning Funds for the Bristol Metropolitan Planning Organization;  City Council Meeting October 6,2015 Page 7 of 8 a Resolution 15-85 - A Resolution Approving a Grant Agreement with the Tennessee Department of Transportation for the Utilization of Federal Transit Administration Section 5303 Funds for the Bristol Metropolitan PlanningOrganization; a Resolution 15-86 - A Resolution Authorizing Acceptance of a Highway Safety Grant from the Governor's Highway Safety Office; a Resolution 15-87 - A Resolution Approving an Agreement with the Center for Public Safety Excellence, Inc. for Fire Department Accreditation Services; Resolution 15-90 - A Resolution Awarding a Bid for the Purchase of a 1-Ton Cab and Chassis; a Resolution 15-91 - A Resolution Awarding a Bid for the Purchase of Emergency Call Boxes; a Resolution 15-92 - A Resolution Awarding a Bid for the Purchase of Extended Cab Pickup Trucks; Resolution 15-93 - A Resolution Awarding a Bid for the Purchase of a Crew Cab Pickup Truck; and o Resolution 15-94 - A Resolution Awarding a Bid for the Purchase of a Refuse Collection Vehicle BOARD OF EDUCATION LIASON REPORT: Director of Schools Gary Lilly discussed Music in the Castle being successful despite the rain. He thanked City Council for recognizing the Boys' Tennis Team and Coach Toney. The Ida Jones Tennis Facility is progressing nicely and public funds are being accepted for the building and additional facility options. He also discussed that fall break will occur in the following week and intercession will be offered for students. CITY MANAGER'S REPORT: City Manager Sorah discussed that permits were issued in the preceding week for approximately a value of $6.3 million. Two of the largest permits were related to the construction of the new Food City on Virginia Avenue and the new Steak N Shake in The Pinnacle. The bus route has been adjusted to adjust for the new construction at Virginia Avenue. He thanked City staff for their hard work during the Rhythm and Roots Festival. He also recognized that this was the last Council meeting that Jack Hyder would be present as the City Attorney.  City Council Meeting October 6,2015 Page I of I CITY COUNCIL COMMENTS: Councilman Young thanked Jack Hyder for his years of service to the City. He recently has spent time with the Chamber Leadership Programs and is excited for the participants. Vice Mayor Keen congratulated Jack Hyder on a great career and stated that he believes that Danielle Kiser will do a greatjob as the new City Attorney. He reminded everyone that October is Breast Cancer Awareness Month and reminded everyone to get their pink out. Councilwoman Feierabend was happy that the bus route has been changed to make access to Food City on Virginia Avenue easier. She appreciates everyone that supports and serves the Bristol Public Library. The Beaver Creek Project has been a long time coming and she is excited that we arc at this point due to the hard work of several individuals. She thanked Finance Director Musick for working to receive the GFOA Certificate of Achievement. Not every municipality receives this award and it was not received in the past. She thanked all staff involved for working so hard to earn this award. Jack Hyder was also thanked for his advice and for keeping the City Council out of trouble. Councilwoman Denise will miss Jack Hyder and his sense of humor. She informed the public that the Military Recruitment Center will be opening at Exit 7. She appreciates the military, police, and fire employees for all that they do for us. Our community is blessed and everyone should thank those that serve. Mayor Powers stated that Bristol is fortunate to have the support staff that we have and because Council works together and is supportive of each other. Sales tax revenue has increased and the City is leading the region in growth. She feels just very thankful and blessed to be a part of it all. There being no further business, the meeting was adjourned at 8:05 p.m. Lea Powers, ,ø"r( %á TaraB. Musick, Mayor City Recorder