City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING March 7 ,2017 CALL TO ORDER: The City of Bristol Tennessee City Council meeting was called to order by Mayor Chad Keen on Tuesday, March 7,2017, at7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Chad Keen, Vice Mayor Jack Young, Councilwoman Margaret Feierabend, Councilwoman Lea Powers, and Councilwoman Michelle Reuning. 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: Hayden Armstrong, gave the Invocation and Boy Scout Troop 3 led the Pledge of Allegiance. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: National Procurement Month and Professional Buyerts Day - Vice Mayor Young read a proclamation designating the month of March 2017 as National Procurement Month and March 8, 2017 as Professional Buyer's Day in Bristol, Tennessee. Crystal Key, Purchasing Agent for the City of Bristol, Tennessee accepted the proclamation. National Autism Awareness Month - Councilwoman Feierabend read a proclamation designating the month of April as National Autism Awareness Month. Peg Staton accepted the proclamation. PRESENTATIONS: FY2016 Comprehensive Annual X'inancial Report - Mr. Matt Hill, Partner at Mauldin and Jenkins, LLC, addressed Council concerning the Comprehensive Annual Financial Report for the fiscal year ending June 30, 2016. Neighborhood Grant Program Presentation - Mr. Brian Rose, Director of Community Development and Planning, and Mr. Lee Hoffnung, Middlebrook Homeowner's Association,  City Council Meeting March 7,2017 Page 2 of 8 gave apresentation on the Neighborhood Grant Program. The Middlebrook neighborhood was the first recipient of the Neighborhood Grant. PUBLIC HEARINGS: NONE APPEARANCE OF' CITIZENS: John Weaver, 918 Tremont Avenue, thanked the City Council for doing a good job. Mr. Weaver requested that the City Council consider establishing an ordinance that would prohibit the use of 'Jake brakes" on large trucks within the city limits. He stated that it was not necessary to use the brakes in areas with lower speed limits. He also said that it was very noisy and they are used at all times during the day and night. Eddie Mabrey, Sunnybrook Subdivision, stated that residents in the subdivision were concerned with "Intimate Treasures" locating at the entrance to their subdivision. He stated that they were worried about the value of their homes. He presented a petition to City Council and asked for a meeting to discuss their concerns. Quentin Reynolds, Sunnybrook Subdivision, stated that he understood that "Intimate Treasures" has a legal right to relocate the store, but feels that is inappropriate for the area. He said that there are other storefronts available on the Volunteer Parkway that would be appropriate for his type of business. Robert Bob Rhea, Sunnybrook Subdivision, stated that he feels there is a misunderstanding about what is commercial and what is residential. He pleaded with the City Council to reconsider and not allow "Intimate Treasures" to locate at the corner of Sunnybrook Subdivision. Roma Phillips, 104 Sunnybrook Drive, stated that her property is adjacent to the property where "Intimate Treasuros" wants to relocate. She stated she is opposed to allowing the store to locate there because she thinks the business in immoral and a detriment to the neighborhood. APPOINTMENTS: Bristol Housing Board - City Council addressed the vacancy of two seats on the Bristol Housing Board. Ms. Donna Felty and Mr. Michael Morefield was unanimously appointed to the Bristol Housing Board to serve a term of office ending March 31,2022. Bristol Housing Board - City Council addressed the vacancy of one seat on the Bristol Housing Board to serve an unexpired term of ofÍice ending March 3I,2019. This appointment required the applicant to be a resident of the Bristol Tennessee Housing Authority. City Council voted unanimously for'onone of the above" on the ballot.  City Council Meeting March 7,2017 Page 3 of8 Health & Education Facilities Board - City Council addressed the vacancy of one seat on the Health & Education Facilities Board. Mr. George Laoo was unanimously appointed to the Health & Education Facilities Board to serve a term of office ending June 30, 2022. Library Board - City Council addressed the vacancy of one seat on the Library Board. Mr Jonathan Harden was unanimously appointed to the Library Board to serve aterm of offrce ending December 3I, 2019. Parks & Recreation Commission - City Council addressed the vacancy of one unexpired seat on the Parks & Recreation Commission. Mr. George Laoo was unanimously appointed to the Parks & Recreation Commission to serve an unexpired term of office ending June 30, 2018. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None B. Adoption of Ordinances (Second Reading): Ordinance 17-l An Ordinance to Amend Chapter 14 of the Code of Ordinances Relating to Buildings and Building Regulations by Adding Article XIV Relating to the Adoption of the Standard Amusement Device Code City Manager Sorah stated that an item on the agenda of the March 7th meeting of City Council is the Second Reading of an ordinance adopting the Standard Amusement Device Code. In an effort to ensure a safe environment for carnival attendees in our community, an amendment to the City's Code of Ordinances is recommended to provide the statutory authority to regulate amusement devices. Currently, the State of Tennessee provides limited oversight of the operation of carnival or amusement rides and devices. The Amusement Device Unit of the Tennessee Department of Labor and Workforce Development does require an annual third party inspection of amusement devices along with liability insurance. However, they do not require rides to be inspected following the transportation and setup for operation at each new location. Staff believes a third party inspection prior to operation at each new location is a public safety measure that is an expectation of every consumer. Staff recommends consideration of adoption of the Southern Building Congress International, Inc. Standard Amusement Device Code. This code addresses many aspects of amusement rides, but specifically requires a third party inspection report upon relocation/setup and prior to the issuance of a permit to operate. It provides the building official with the authority to declare a ride or device as unsound and prohibit its operation.  City Council Meeting March 7,2017 Page 4 of I Councilwoman Powers made a motion to approve the resolution, and Councilwoman Feierabend seconded the motion. The motion passed with a four to one vote. Vice Mayor Young No Councilwoman Reuning Yes Councilwoman Feierabend Yes Mayor Keen Yes Councilwoman Powers Yes C. Resolutions: Resolution 17-25 - A Resolution Approving Tax Equivalent Payments City Manager Sorah stated that the accompanying resolution authorizes the distribution of tax equivalent payments from Bristol Tennessee Essential Services in the grand total of $2,687 ,335,33, including 52,596,554.75for electric facilities, $I8,222.30 for telecommunication facilities, and 87 2,5 58.28 for cable/internet facilities. Each of the payments is based on a statutory formula and is the maximum amount permitted by law. The City of Bristol will receive atotal of $2,070,130.91. The payments are made by our tax-exempt utility serve as compensation for services rendered to it by local governments hosting its facilities. Councilwoman Powers made a motion to approve the resolution, and Vice Mayor Young seconded the motion. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Feierabend made a motion to approve the consent agenda, and Vice Mayor Young seconded the motion. The following items were approved by unanimous Council vote: r Minutes February 7,2017 City Council Meeting Minutes r Minutes February 28,2017 City Council Work Session Minutes r Resolution 17-26 A Resolution Authorizing Additional Build Costs for the Steele Creek Park Nature Center  City Council Meeting March 7,2017 Page 5 of8 r Resolution 17-27 A Resolution Approving a Grant Agreement with the Tennessee Department of Transportation for Transit Capital Assistance r Resolution 17-28 A Resolution Awarding a Bid for the Purchase of Umbrellas r Resolution 17-29 A Resolution Awarding a Bid for the Purchase of Two (2) ADA Conversion Vans BOARD OF'EDUCATION LIASON REPORT: Dr. Gary Lilly stated that the facilities follow-up is going well. He thanked the Community Relations Department for their help with a recruiting video. He stated that they had received some good candidates for Principal at Tennessee High School. Community Relations also helped produce a video called "All About Kids" that aired on BTN. Spring Break will be the week March 6 and the schools will be offering a program called "intersession", an enrichment program for the students. CITY MANAGER'S REPORT: City Manager Sorah stated Community Relations had conducted a Customer Survey and had hosted the "Pal's Business Excellence Institute", customer service training. He reminded City Council about the March 28 V/ork Session. He asked them to "save the date" for April 6 for a Joint Meeting with the Bristol Regional Planning Commission for the "Kick Off'of the Comprehensive Plan. CITY COUNCIL COMMENTS: Mayor Keen stated that Council had discussed a visioning project at several Work Sessions. He asked Beth Rhinehart from the Bristol Chamber of Commerce to speak concerning the visioning process. Ms. Rhinehart stated that it was a great opportunity for the community to embrace what they would like the community to look like in twenty years. She stated the Chamber of Commerce would be glad to take part in the process. Councilwoman Feierabend stated that she thought the timing was right to take on the project and she offered her support.  City Council Meeting March 7,2017 Page 6 of 8 Councilwoman Powers made a motion to postpone the visioning plan indefinitely. City Attorney Danielle Kiser told Councilwoman Powers that a motion had to be on the floor before she could make the motion to postpone. Councilwoman Feierabend made a motion to move forward with the visioning project and have Mayor Keen serve on the board as the Bristol, Tennessee representative along with Mayor Hartley from Bristol, Virginia. Councilwoman Powers made a motion to postpone the project indefinitely, seconded by Michelle Reuning. Councilwoman Powers stated we are operating our staff at capacity. She said that we are committed to the Comprehensive Plan which will take 18 to 24 months of development and it will require tremendous community involvement. She stated that the work load would be tremendous for staff and she did not think the Chamber should take on two projects at one time. She stated that she felt the Comprehensive Plan should move forward first. She said she was not saying oono", but "not right now". Vice Mayor Young stated that he felt it was important to plan twenty years ahead. He felt the visioning project would compliment the Comprehensive Plan. He stated that he felt the motion should be withdrawn until they had further discussion and understanding. Councilwoman Powers stated that they are asking a lot of the staff and feels that waiting eighteen to twenty-four months would not be a problem if it means doing a better job. She feels that it would be asking too much of staff to take on another project while in the process of the Comprehensive Plan. Beth Rhinehart stated that the Chamber of Commerce would bear the bulk of the work load, but she understood the challenges in not spreading staff too thin. She stated that there was a USDA grarú.that both cities could apply for to help fund the project. Councilwoman Reuning stated that on the surface it sounds like a good idea but not having some information on costs, potential partners, and funding, she felt taking on the visioning process at this time would not be in the best interest of our citizens. She felt by waiting until the Comprehensive Plan is complete it would give time for Bristol, Virginia be in a better position to help with a visioning project financially. Councilwoman Feierabend stated that it is important to know that in "visioning" it is not all projects and necessarily City driven. She stated that "visioning" is a different process than the Comprehensive Plan. She felt that it was an opportunity and felt the City Council should support the project.  City Council Meeting March 7,2017 Page 7 of I Councilwoman Powers stated that she did not understand the urgency in doing a visioning project. Vice Mayor Young stated that the visioning plan would conclude before the Comprehensive Plan is finished and could be helpful in the final recommendations in the Comprehensive Plan. Councilwoman Powers stated that she was for doing the vision project but wanted to wait at least twelve to twenty-four months. Mayor Keen stated that the Comprehensive Plan could take two to two and half years and felt the visioning project should begin now and not wait until the end of the Comprehensive Plan. Councilwoman Reuning stated that she is concerned with funding the project and funding anything that may come out of the project because Bristol, Virginia is not able to partner on any projects at this time. Beth Rhinehart stated that grant would pay for a facilitator, miscellaneous costs, and a finished document. She stated that some projects that would come out of the visioning project would be joint but some would be independent to the cities also. Mayor Keen stated that the Chamber would take the lead and a council member would serve on the board. Councilwoman Powers stated that it was her initial understanding that the Chamber would be taking the lead without any government official being on the board. She stated that if the Chamber wanted to do the visioning project, provide the funding, provide the staft and be community driven she would not have a vote in that. She stated that the Comprehensive Plan must take priority. Mayor Keen stated thatít should move forward with the Chamber taking the lead and it should be community driven, not city driven. Councilwoman Powers asked why not wait eighteen to twenty-four months and the city could participate. Mayor Keen stated that leadership is ready to do it and if we wait the leadership might not be willing to take the project on. Beth Rhinehart, stated that she would need the approval of her board before taking on the project. She stated that if the project moves forward it needs the City Council on both sides of the city to be enthusiastic. Councilwoman Reuning stated that she did not think it was the right time to move forward with the visioning project.  City Council Meeting March 7,2017 Page 8 of8 Councilwoman Powers amended her motion to postpone the visioning project for eighteen to twenty-four months to allow completion of the Comprehensive Plan that was agreed upon by City Council, seconded by Michelle Reuning. The motion failed with a three to two vote. Vice Mayor Young No Councilwoman Reuning Yes Councilwoman Feierabend No Mayor Keen No Councilwoman Powers Yes Councilwoman Feierabend withdrew her motion to move forward with the project. Mayor Keen made a motion to allow the visioning process to move forward with the Chamber as Facilitator and atthe time table they set. Mayor Keen withdrew the motion. There being no further business, the meeting was adjourned at 9:03 p.m. f Zû"á Keen, "á- Tara E. Musick, City Recorder