City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING December lr2015 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Lea Powers on Tuesday, December 1,2015, 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 Danielle Kiser; City Recorder Tara Musick; and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Paul LaRue gave the invocation, and Councilman Young led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONSANDRECOGNITIONS: None. PRESENTATIONS: None PUBLIC HEARINGS: None. APPEARANCE OF CITIZENS: Marty Lowry, I42 Alabama Street, discussed that the funds allotted for the baseball facility study could be used for other purposes, such as an additional animal control officer. He stated that the Pirates could fund their own program and discussed their attendance record. Funding should be invested in local parks and utilized for tournaments. Bryan Boyd, 105 Austin Street and Chairman of the BTES Board, updated City Council that a clean draft audit report was recently presented. More than half of BTES customers have cable and phone services. Rates are lower than competitors based upon a recent comparison.  City Council Meeting December 1,2015 Page 2 of 10 He also thanked City staff for assistance provided after afatal accident occurred regarding BTES staff. APPOINTMENTS: Library Board - Ms. Gloria Oster was unanimously appointed to the Library Board to serve a term of office ending December 31,2018. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None. B. Adoption of Ordinances (Second Reading): None. C. Resolutions: Resolution 15-99 - A Resolution Approving a Minor League Baseball Feasibility Study City Manager Sorah reviewed this resolution to approve a minor league baseball feasibility study which was an identified goal in the FY 2016 Budget. Earlier this year, staff solicited proposals seeking a consultant to conduct a market analysis and provide recommendations regarding the feasibility of developing a new multi-purpose baseball stadium. Staff from both Cities' and Bristol Baseball, Inc. interviewed qualified firms to perform the analysis. The group recommended CSL International, of Plano Texas, to conduct the feasibility study. The firm has prepared a scope of services to provide a three phase approach to evaluate the potential development of a new minor league ballpark. Phase I will assess the market viability of a potential new minor league ballpark to accommodate the current franchise and other potential users. This will explore the historical operations and financial results of the existing program, analysis of the existing Bristol market, competitive and comparable facility analysis, and the market demand for a new stadium in Bristol. Phase II will estimate operating revenues and expenses associated with a new ballpark and develop various construction funding sources. This analysis will provide a clear understanding of the potential financial operations of new ballpark, including debt service, operating costs, capital improvements and maintenance costs. Phase III will consist of recommendations regarding the type and size of a facility that could be supported in Bristol. This would include seating capacity, mix of seating types, fan amenities, team support facilities, media facilities, food service and retail support, maintenance areas, etc. related to a new minor league baseball stadium. This analysis will allow the development of preliminary construction cost estimates.  City Council Meeting December 1,2015 Page 3 of 10 In addition, the study will evaluate three geographic zones with potential sites for the new ballpark and develop a matrix comparing each zone based upon various selection criteria. Phase III will also evaluate the demand for non-baseball utilization based upon the location of the new facility. CSL International proposes to provide the scope of services for a total compensation of $35,000. This cost of the study will be shared equally with Bristol Baseball, Inc. The study should be complete within twelve weeks of the authorization to proceed. Councilwoman Denise asked Mahlon Luttrell, General Manager of Bristol Baseball, to speak. He stated that the current facility is showing wear and tear. Funding is available for minor repairs but there is no long-term payoff or means to address the overall standards of the facility. He hopes that the business model from the study will show benefit to the City. Vice Mayor Keen voiced concerns regarding due diligence and money. He asked why the City could not fund a new facility that is needed for community use instead. City Manager Sorah responded that experts are needed to help determine the best location and to provide various funding strategies. This type of specialized analysis is not an area where current staff is skilled. The study may find that a new stadium is not necessary. Vice Mayor Keen then inquired if other clubs could use the stadium, Mr. Luttrell responded that the facility would be for advance rookie league use only. Councilman Young inquired if the study was for all phases as proposed or just Phase L City Manager Sorah clarified that the study was for all three phases. The study is to review what could be, what is needed and related funding, and the areas for the greatest potential return on investment. Vice Mayor Keen mentioned that it would be great if the facility could be used for single A or double A play. The real advantage of higher levels is longer playing seasons. High schools could potentially use the facility also. Councilman Young discussed that minor league play has been in the community for decades. This is anarea where we are not trying to attract a business. The most positive impact of these projects is rvhen long standing clubs exist over a span of several years, He is concerned over the main uses for the facility and the project needs to be like other places that have been successful. Long-term benefits may not be beneficial enough to offset the debt requirements. Timing is off also with school construction projects on hold. Mayor Powers stated that the City would only pay half of the study which would be $17,500. A multipurpose facility is also needed which could have a huge economic impact. She  City Council Meeting December 1,2015 Page 4 of 10 agrees with the concerns of Councilman Young and that schools should be a priority. She believes it is for these reasons that experts are needed to perform the study. Her understanding is that the City would provide infrastructure only but the exact model is not known. She sees this as a private/public partnership with infrastructure and just wants to see if a positive revenues versus expense model is projected. Councilwoman Denise thanked Mr. Luttrell for his dedication to Bristol Baseball. She asked him to provide statistics regarding the new facility in Greeneville and the impact on the area. He was unable to provide the data at the time. He offered to get more facts if needed. Mayor Powers asked for more background on the players that have been a part of the organization and where have they gone from there. Mr. Luttrell discussed specifics regarding several players. He also discussed the host family program and that all members of the club are required to perform five hours of community service per year. Vice Mayor Keen asked if the season could be open longer and other activities allowed. Mr. Luttrell said that potentially yes. Vice Mayor Keen then asked what made the recommended vendor qualified. City Manager Sorah reviewed the proposal evaluation process. Councilwoman Feierabend shared the concerns recognized by the other Council members. She supports the study to be objective and feels that it is the right thing to do. Mayor Powers stated that procurement is regulated by the State and policies and guidelines must be followed. Councilman Young stated that his reservations outweighed the positives and clarified that non-positive meant neutral. Additional information could change his perspective. Councilwoman Denise moved to approve the resolution, and Vice Mayor Keen seconded the motion. The motion passed by the following roll call vote: Vice Mayor Keen Yes Mayor Powers Yes Councilman Young No Councilwoman Denise Yes Councilwoman Feierabend Yes  City Council Meeting December I,2015 Page 5 of l0 Resolution 15-100 - A Resolution Approving Amendment 2 to the Redevelopment PIan for Identified Districts and Study Areas as Prepared by Bristol Housing City Manager Sorah reviewed this resolution to amend the Bristol Housing Authority's Redevelopment District Plan to reflect an expansion of the Downtown Redevelopment District. The amendment extends the Downtown Redevelopment District to include properties along the east side of Martin Luther King, Jr. Boulevard between State Street and Beecham Street and City owned property located immediately east of the Norfolk and Southern Railroad. The affected properties include Citizens Bank, The Salvation Army, Smith Transfer and Storage, and 200 State Street. The expansion of the Downtown Redevelopment District extends the opportunity to use Tax Increment Financing for projects requiring gap financing in order to become a reality. The use of Tax Increment Financing requires approval of the local government body. The Bristol Housing Authority approved the plan amendment at their October 28th meeting. Councilman Young clarified that he was on The Salvation Army Board and had been advised that his vote on this matter would not be a conflict of interest. He stated the addition is valuable to add and a natural fit. Councilwoman Denise stated the Downtown was thriving. Revitalization is part of a thriving city and she is excited if it can be expanded. Mayor Powers would like for Pennsylvania Avenue to be added someday. Councilwoman Denise moved to approve the resolution, and Mayor Powers seconded the motion. The motion passed by a unanimous roll call vote. Resolution 15-101 - A Resolution Endorsing the Joint Legislative Policy of the Tri- Cities for the 2016 Session of the Tennessee General Assembly City Manager Sorah reviewed this resolution which endorses the Joint Legislative Policy of the Tri-Cities for the 2016 Session of the Tennessee General Assembly. The legislative policy was jointly developed to provide a unified position regarding key legislative initiatives affecting the communities of Bristol, Kingsport, and Johnson City. The policy was presenled in final draft form. The 2016 Policy includes twenty (20) policy objectives grouped into the six subject areas of Education, Economic Development, Annexation, Transportation, Local Revenue, and Public Safety. The presentation of the 2016 Joint Legislative Policy to the state legislative delegation will be on Thursday, January 7,2016, at the Millennium Center, Johnson City, Tennessee at 8:00 a.m.  City Council Meeting December 1,2015 Page 6 of 10 Mayor Powers asked if there were any counter positions to the policy. Councilman Young listed the Hall Income Tax which he generally is opposed. He also mentioned a prescription only system for certain drugs and current point of sale blocks. He does like the opportunities for school choice. Councilwoman Denise stated that she supports school choice, less taxes, and smaller government in general. Vice Mayor Keen mentioned that it is hard to prepare a document of this type and everyone support all items. He also expressed concern with the prescription only for certain drugs language. Councilwoman Feierabend would have liked to have seen more things added. She supports the prescription drug portion since law enforcement supports further efforts and problems do exist. She stated that school choice is available in Bristol and she supports a strong public school system. Mayor Powers discussed her background as an educator for over seventeen years. If the public fails to support public school systems, disenfranchised students will be lost and a greater divide will happen in the classroom. All types of children are needed in a public school system for success. Councilwoman Feierabend moved to approve the resolution, and Mayor Powers seconded the motion. The motion passed by the following roll call vote: Vice Mayor Keen Yes Mayor Powers Yes Councilman Young No Councilwoman Denise Yes Councilwoman Feierabend Yes Resolution 15-102 A Resolution Approving the Second Amendment to the Development, Allocation and Loan Agreement Relating to Border Region Retail Development District (The Pinnacle Project) City Manager Sorah reviewed this resolution to approve a proposed amendment to the Development Allocation and Loan Agreement Relating to Border Region Development District. The original agreement was approved in February of 2013 and amended in June of 2014. The June 2014 amendment addressed the allocation of growth in state sales tax derived from the project. The language in the amendment allocated the base year state sales tax (2012) in a manner inconsistent with the intent and understanding of the parties. The proposed amendment addresses this issue by designating the allocation of the 2012 base year  City Council Meeting December 1,2015 Page 7 of 10 state sales tax to the parcels in which it was generated. This gives appropriate allocation of the state sales tax growth to the parcels generating the increased sales activity. The proposed amendment requires the approval of both City Council and the Industrial Development Board. The Industrial Development Board approved the amendment at their November 23rd meeting. Councilman Young stated his appreciation for the hard work on this resolution and for following the true intent of all parties. Councilwoman Denise asked for the mediation changes to the agreement to be further explained. City Attorney Kiser explained that the name of a certain company was struck. City Manager clarified that any agreement should detail how to terminate and resolve problems. Parties will still return to City Council on issues. Mediators would be selected with approval of both parties. Councilman Young moved to approve the resolution, and Vice Mayor Keen seconded the motion. The motion passed by a unanimous roll call vote. Resolution 15-107 - A Resolution Approving a Certificate of Compliance for a License to Sell Alcoholic Beverages at Retail in the City of Bristol, Tennessee City Manager Sorah reviewed this resolution to approve the issuance of a Certificate of Compliance for a License to Sell Alcoholic Beverages certificate at Pit Row Wine & Liquor, 4073 Highway 394, Bristol, Tennessee. A transfer of ownership for Pit Row Wine & Liquor took place with Marvin (Trey) M. Gurley, III assuming ownership. A new application had to be filed in the new owne/s name to allow him to continue to sell alcoholic beverages. New applicants for issuance of a Certificate of Compliance for a License to Sell Alcoholic Beverages require the approval of the local governing body. Based on reports from the Police Department and Department of Planning and Community Development, Mr. Gurley meets the requirements for issuance of the Certificate of Compliance. Councilwoman Feierabend moved to approve the resolution, and Councilwoman Denise seconded the motion. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Managçr Sorah presented the Consent Agenda to Council. Councilman Young moved to remove Resolution 15-103 from the Consent Agenda. Councilwoman Feierabend moved to approve the remaining consent agenda, and Councilman Young seconded the motion. The following items were approved by unanimous Council vote: a Minutes - November 3,2015, City Council Meeting;  City Council Meeting December 1,2015 Page 8 of 10 a Minutes -November 17,2015, City Council Work Session; a Resolution 15-104 - A Resolution Authorizing a Contract for Painting of the 'Wastewater Treatment Plant Main Lift Station Pipe Gallery; a Resolution 15-105 - A Resolution Awarding Bids for the Purchase of Bulk Fuel; a ResolutÍon 15-106 - A Resolution Approving an Agreement for Engineering Services for the Cedar Creek Sanitary Sewer Trunk Line Improvements; a Resolution 15-108 - A Resolution Approving a Purchase to Upgrade the Enterprise Resource Planning System; and a Resolution 15-109 - A Resolution Authorizing an Additional Signatory for Bank Accounts of the City of Bristol, Tennessee. Resolution 15-103 - A Resolution Approving an Agreement to Fund a Minor League Baseball Feasibility Study City Manager Sorah reviewed this resolution to authorize the City to entet into an agreement with CSL International, of Plano, Texas to conduct a minor league baseball stadium feasibility study. The study is a joint effort of the City of Bristol and Bristol Baseball Inc. CSL International proposes to perform the study for a lump sum cost of $35,000. The cost of the study will be shared with Bristol Baseball Inc. with each party contributing $17,500. This resolution formalizes this relationship in the form of a cost sharing agreement. Councilman Young asked for this item to be pulled from the consent agenda for a separate vote since it ties to amattq discussed earlier in the meeting. Councilwoman Feierabend moved to approve the resolution, and Vice Mayor Keen seconded the motion. The motion passed by the following roll call vote: Vice Mayor Keen Yes Mayor Powers Yes Councilman Young No Councilwoman Denise Yes Councilwoman Feierabend Yes  City Council Meeting December 1,2015 Page 9 of 10 BOARD OF'EDUCATION LIASON REPORT: Jim Butcher recognized Director Gary Lilly for being named amongst the top 30 leaders in the nation in technology innovation by the Center for Digital Excellence amongst K-12, higher education, and nonprofits. The school system was recognized for being amongst the best programs in the nation. The award is a reflection of so many people, such as teacher, the School Board, and other staff who have embraced personalized learning. Director Gary Lilly provided an update on renovations to the High School Auditorium funded by Bill Gatton for approximately $400,000. He discussed upcoming events of the school system and wished everyone a Meruy Christmas. Food baskets and gift certificates had been provided to 159 families in need. CITY MANAGER'S REPORT: City Manager Sorah discussed upcoming events across the City. He asked Community Relations Director Terrie Talbert to discuss the Share the Glove Program. She provided information to the public regarding the program which assists those in need by providing coats, gloves, hats, etc. to people in need. CITY COUNCIL COMMENTS: Councilman Young said Merry Christmas and encouraged all to find a way to give back. He discussed how this time of the year is a good time to be with family and friends. Councilwoman Feierabend discussed that the United Way had not met its annual campaign goal yet. If funding is not rcalized, support to local agencies may need to be cut. She is hopeful for climate change and encouraged that diabetic rates are significantly down from last year. She also discussed upcoming community events. Vice Mayor Keen thanked all citizens that serve on Boards for their service to the City, particularly regarding education, Education and training are amongst the top of the list of things needed for economic development to ocçur, He wishçd çveryone a Merry Christmas. Councilwoman Denise stated that she felt that taxes are too high and citizens should push back. She thanked Dr. Lilly and others for providing good leadership. She wished everyone a great Christmas and great time with their families.  City Council Meeting December I,2015 Page l0 of 10 Mayor Power's discussed that dark times had occurred over the past few weeks and that Bristol is a generous community. We feel safe and secure. However, we may feel too safe and secure at times. We need to be mote sensitive to the needs of others and aware of potential safety concerns. She is thankful that she moved to Bristol over 33 years ago because she loves the community. She closed by wishing everyone a Merry Christmas. There being no further business, the meeting was adjourned at 8:40 p.m, Mayor f. Tara E. Musick, City Recorder