City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING July 10, 2018 CALL TO ORDER: The City of Bristol Tennessee City Council meeting was called to order by Mayor Jack Young on Tuesday, July 10, 2018, at 7:00 p .m . in the Slater Center Auditorium. ROLL CALL: Present: Mayor Jack Young, Vice Mayor Margaret Feierabend, Councilman Chad Keen, Councilwoman Lea Powers, and Councilwoman Michelle Denise. Others Present: City Manager William L. Sarah; City Attorney Danielle Kiser, City Recorder Tara Musick; and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Mayor Jack Young, gave the invocation and Boy Scout Troop 107 of Sullivan County led the pledge of allegiance. SELECTION OF MAYOR AND VICE MAYOR: Mayor Jack Young explained the City Charter requires City Council to select one of its members to serve as Mayor and Vice Mayor each year at the first meeting in July. Mayor Young asked for a motion for nomination of a Council Member to serve as Mayor for the coming year. Councilwoman Lea Powers made a motion to nominate Margaret Feierabend to serve as Mayor. Mayor Young seconded the motion. The motion passed by the following roll call vote: Councilwoman Powers Yes Mayor Young Yes Councilwoman Denise Yes Vice Mayor Feierabend Yes Councilman Keen Yes Councilman Keen made a motion to nominate Councilwoman Michelle Denise as Vice Mayor. Councilwoman Powers seconded the motion. The motion passed by roll call vote: Councilwoman Powers Yes Mayor Young Yes Councilwoman Denise Yes Vice Mayor Feierabend Yes Councilman Keen Yes  City Council Meeting July 10, 2018 Page 2 of 12 A brief recess was taken for a reception to recognize the new Mayor and Vice Mayor. The meeting was called back to order by Mayor Feierabend at 7:25 p.m. Mayor Feierabend thanked her fellow council members for their leadership and support, and thanked the citizens for the opportunity to serve and encouraged them to participate in the community. She thanked Jack Young for serving as Mayor and commended his leadership in that role the past year. AGENDA ADDITIONS AND/OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: None. PRESENTATIONS: Neighborhood Grant Project Completion of Little Free Libraries - Christina Blevins, Community Development Specialist, addressed City Council on the successful completion of the Free Little Libraries Project. This project received a $5,000 grant with $4,000 going toward purchase of materials and $1,000 for the purchase of books. The Junior League of Bristol partnered with Tyler Johnson from Boy Scouts of America, Troop 3 Bristol TN/VA. As his Eagle Project, Mr. Johnson led the construction and installation of the libraries at Avoca, Haynesfield, Anderson, Holston View, and Fairmount Elementary Schools with the help of his fellow troop members. The Junior League of Bristol maintains the libraries and ensures they are stocked throughout the year. Tyler Johnson thanked the City of Bristol Tennessee, his fellow scout members, and the Junior League of Bristol for their support of this project. Ashley Stiltner, Board President of the Junior League of Bristol, thanked the City for the support of this project. PUBLIC HEARINGS: Mayor Feierabend opened the Public Hearing. Ordinance 18-9-An Ordinance Changing the Name of a Public Street from Sprint Drive to Agero Drive City Manager Bill Sorah stated that Ordinance 18-9 approves a request by Agero to rename Sprint Drive as Agero Drive. This change was requested by Agero. Transportation Planning Engineer David Metzger presented further details of this issue to Council. There are five parcels on Sprint Drive. Only three parcels are developed and only two of them have Sprint Drive addresses. The third property already has a Highway 394 address they would not be affected, but were notified nonetheless.  City Council Meeting July 10, 2018 Page 3 of 12 The Bristol Regional Planning Commission gave approval to the request. This public hearing was advertised in the Bristol Herald Courier and the ordinance passed on First Reading last month. If passed on Second Reading, the changes would take effect August 28th. Mr. Metzger then asked if there were any questions. Councilman Jack Young asked if there had been any comment on the change. Mr. Metzger said he had received no comment of any type. There were no further questions and Mayor Feierabend closed the Public Hearing. APPEARANCE OF CITIZENS: Eddie Mabry, 109 Sunnybrook Drive, voiced concern over the project in the Sunnybrook Subdivision, Intimate Treasures, that has been delayed and the residents would like to have resolution. His appearance before Council is to keep them aware of the continuing concern of the residents. Sandra Grubbs, 112 Wonder Valley Road, wants to remind everyone there is a local election coming up and early voting begins July 13th. There are early primaries for the County General . Election and Voting Day is August 2°ct. There are multiple offices/ positions on the ballot and she encouraged everyone to vote. Diane Whitaker, 1628 6th Street Ext. , voiced her concern that proper action was not being taken against what she feels is criminal behavior. She also fee ls threatened and abused by City Council. APPOINTMENTS: Better Property Board - City Council addressed the vacancy of three seats on the Better Property Board. Mr. John Cartwright, Mr. Randall Cook, and Mr. Wayne Humphrey were unanimously appointed to the Better Property Board to serve a term of office ending June 30, 2021. Board of Zoning Appeals - City Council addressed the vacancy of three seats on the Board of Zoning Appeals. Mr. Grady Hensley, Mr. Jack Hyder, and Mr. Joel Staton were appointed to the Board of Zoning Appeals to serve a term of office ending June 30, 2023 . The vote was as follows : Councilwoman Powers Jack Hyder and Joel St~ton Councilman Young Grady Hensley, Jack Hyder, and Joel Staton Vice Mayor Denise Grady Hensley, Jack Hyder, and Joel Staton Mayor Feierabend Jack Hyder and Joel Staton Councilman Keen Grady Hensley, Jack Hyder, and Joel Staton Emergency Communications District - City Council addressed the vacancy of three seats on the Emergency Communications District Board of Directors. Dr. James Messimer and Blaine Wade were unanimously appointed to the Emergency Communications District Board to serve a term of office ending June 30, 2022 .  City Council Meeting July 10, 2018 Page 4 of 12 Library Board - City Council addressed the vacancy of one seat on the Library Board. Ms. Allyson Rutherford was unanimously appointed to the Library Board to serve a term of office ending December 31, 2020. Parks and Recreation Commission - City Council addressed the vacancy of three seats on the Parks and Recreation Commission. Ms. Kate White was appointed to the Parks and Recreation Commission to serve a term of office ending June 30, 2021. The vote was as follows: Councilwoman Powers Kate White Councilman Young Kate White Vice Mayor Denise Kate White Mayor Feierabend Miranda Goodman and Kate White Councilman Keen Kate White Planning Commission - City Council addressed the vacancy of three seats on the Planning Commission. Mr. Scott Gaynor, Mr. Kelly Graham, and Dr. Mark Webb were appointed to the Planning Commission to serve a term of office ending June 30, 2021. The vote was as follows: Councilwoman Powers Kelly Graham, Alison Scanlan, and Mark Webb Councilman Young Scott Gaynor, Alison Scanlan, and Mark Webb Vice Mayor Denise Scott Gaynor, Kelly Graham, and Mark Webb Mayor Feierabend Scott Gaynor, Alison Scanlan, and Mark Webb Councilman Keen Scott Gaynor, Kelly Graham, and Mark Webb Mark Webb was appointed with five votes and Scott Gaynor was appointed with four votes. However, Kelly Graham and Alison Scanlan each received three votes, requiring a second vote to determine who will be appointed to the third seat. The second vote was as follows: Councilwoman Powers Kelly Graham Councilman Young Alison Scanlan Vice Mayor Denise Kelly Graham Mayor Feierabend Alison Scanlan Councilman Keen Kelly Graham The second vote resulted in Kelly Graham receiving the requisite vote of at least three. Power Board - City Council addressed the vacancy of one seat for a term of office ending June 30, 2022 on the Power Board. The vote was as follows: Councilwoman Powers Pat Hickie Councilman Young Vince Turner Vice Mayor Denise Pat Hickie Mayor Feierabend None of the above Councilman Keen Vince Turner Since no one received the requisite vote of at least three, the seat remains open and the vacancy will be advertised and addressed at the next City Council meeting.  City Council Meeting July 10, 2018 Page 5 of 12 ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 18-10 - An Ordinance to Abandon Certain Unopened Public Rights-of-Way in the Windsor Terrace Area Mayor Feierabend stated this was on the Work Session Agenda and the Planning Commission Agenda and commended David Metzger on the work he did on the studies and the presentation. She then requested City Manager Bill Sorah summarize the ordinance. City Manager Sorah stated this ordinance deals with several unopened and unimproved rights-of- way (R-0-W) in the Windsor Terrace area. Staff was approached by Ms. Pamela Mays who owns several parcels in the area that are separated by these R-0-W. She would like to aggregate these parcels. The R-0-W are too narrow to support roadway improvements. He then requested David Metzger, Traffic Engineer, to further explain this issue. The pc favorable Mr. Metzger presented slides of the Windsor Terrace Subdivision that was originally platted in 1925. Several R-0-W were platted but never improved, although some of them were roughly graded. There are two sections that serve as privately maintained driveways in the public R-0-W. The only section that was improved and operated as a public street was the eastern part of Clifton Road. The western portion of Clifton Road, Floyd Place, Hawthorne Road, Rockledge Road, and Somerset Street have never operated as public roadways. These R-0-W are too narrow to meet the current standards for improvements and therefore, can never serve as public roadways. Ms. Pamela Mays owns nine parcels that the R-0-W weave through and she would like to combine all of these parcels into one, which would include these R-0-W. Ms. Mays stated some portions of the R-0-Ws are adjacent to other property owners and she has no objection to those owners receiving those portions if it would help the abandonment process. Mr. Metzger presented slides of the specific R-0-W and surrounding areas. Mr. Metzger explained staff has examined utilities in the area and requested input from the adjacent property owners that would be affected. Comments were received from multiple property owners, one could not be located, some disagreed with these R-0-W, some were indifferent, and one had a contradictory response. Staff then re-evaluated the original request to determine what areas could be abandoned that would not involve the property of the other owners that expressed concerns. The final determination was to abandon all the R-0-W around the property of Ms. Mays and some additional sections around the property of 1730 Clifton Road. Some R-0-W contain utility easements that would be retained and the remainder without any utility easements would be abandoned. If this ordinance passes, the property owners would have to go through the appropriate documentation process. As there were no questions, Mayor Feierabend asked for a motion. Councilwoman Lea Powers made a motion and Vice Mayor Michelle Denise seconded. Councilman Jack Young stated that it appeared the area was all one property owner, and with the proper utility easements maintained, he felt comfortable with moving ahead.  City Council Meeting July 10, 2018 Page 6 of 12 The motion passed by a unanimous roll call vote. Ordinance 18-11 - An Ordinance to Amend the Zoning Ordinance to Incorporate Surface and Dimension Requirements for Parking Areas City Manager Sarah stated this is largely a housekeeping measure. In February 2010, there was a zoning text amendment that effectively removed the surface parking requirements for private property from the Zoning Ordinance. At that time it referenced a design manual that would contain those specifications, but that manual was never completed. This zoning text amendment replaces the text that was deleted so there is a design standard for private parking lots. At an earlier Work Session, Council expressed concern over undue expenses for industrial sites for loading areas and material storage areas . The ordinance text was referred back to the Planning Commission with recommendation it be for required parking spaces only. Tim Beavers, Interim Community Development Director, further explained for the industrial areas this amendment addresses only the required parking areas required by the Zoning Ordinance--the connecting driveways and access isles, and excludes, loading docks, storage areas and industrial areas. The amended text also includes the geometry for parking when it is included. Councilman Young asked if approved, how would it affect an existing business and at what point would it affect a property going forward. Mr. Beavers stated existing businesses would be grandfathered in. If that business was to redevelop into something else, such as tear down and rebuild, it would be subject to the amended text, provided it is passed. Mayor Feierabend explained a comment Mr. Beavers made to ' Johnson City language '. Frequently, when the Planning Commission and other groups are preparing to make changes, City staff is often requested to research how the neighboring cities other Tennessee cities similar in size approach the issue. If their language is appropriate for the situation, it is then ' borrowed ' by the City. Vice Mayor Michelle Denise thanked Councilman Cliad Keen for making Council aware the original language might be over burdensome for local industry. Councilwoman Powers made a motion to approve Ordinance 18-11 and Council Jack Young seconded the motion. The motion passed by a unanimous roll call vote. B. Adoption of Ordinances (Second Reading): Ordinance 18-9 - An Ordinance Changing the Name of a Public Street from Sprint Drive to Agero Drive This ordinance was reviewed during the Public Hearing section of the agenda. There being no further questions, Mayor Feierabend asked for a motion. Councilman Young made a motion to approve the ordinance ahd Vice Mayor Denise seconded.  City Council Meeting July 10, 2018 Page 7 of 12 The motion passed by a unanimous roll call vote. C. Resolutions: Resolution 18-48 - A Resolution Approving the Acquisition of Real Properties for Middle School Construction City Manager Sorah stated this resolution authorizes the purchase of real property for the purposes of constructing a new middle school. On Monday, June 18 111 the Board of Education approved the acquisition of nine parcels of land to aggregate property necessary for the construction of the school. Even though the property is dedicated to education and under the authority of the Board of Education, the City must own the property and therefore, this purchase must approved by City Council. The total amount of the purchase is $736,478 and this acquisition was discussed at the last work session. Councilwoman Powers made a motion to proceed with approval and Councilman Young seconded the motion. Councilman Young said discussion at the work session stated these property values were negotiated through a market analysis and a realtor sales contract. The litigation costs necessary to obtain property in this manner results in higher costs than a normal property purchase. He also thanked the school board and other involved for their efforts toward this purchase. Mayor Feierabend also thanked the school board for their thoroughness in research and working with all the different aspects required in bringing this all together so the construction of the new middle school can begin. The motion passed by a unanimous roll call vote. Resolution 18-49 A Resolution Authorizing the Use of Eminent Domain to Obtain Property for Use in Construction of New Middle School City Manager Sorah stated the owner of record of this property at 924 Oakland Avenue is deceased and the efforts to locate heirs have not been successful. In order to acquire the property within a timeframe that does not delay the construction of the middle school, this resolution requests the power to use eminent domain. The Board of Education will continue to locate the heirs, but if those efforts are not successful the authorization to then use eminent domain is requested. Councilwoman Powers made a motion to proceed with approval and Vice Mayor Denise seconded the motion. Councilman Young stated that the use of eminent domain is a last resort and will support its use only if absolutely necessary. The motion passed by a unanimous roll call vote.  City Council Meeting July 10, 2018 Page 8 of 12 Resolution 18-50 - A Resolution Approving the Acquisition of Real Property Located at 700 Shelby Street and 717 Broad Street City Manager Sorah stated the property located at 700 Shelby Street and 7 17 Broad Street is owned by Homer & Co., and is the current location of Bristol Products, Inc. The City entered into a purchase option agreement last fall that gave an opportunity to conclude Brownfield negotiations in the block and to evaluate the market for potential public / private partnerships. The purchase option agreement establishes a price of $450,000 with a closing date of December 31, 2018. The terms also include a leaseback of the property for a period of up to one year from the date of closing which allow time for Bristol Products to move to a location that better suits their needs. A Brownfield Agreement was successfully negotiated with the Tennessee Department of Environment and Conservation which sets forth conditions and limits for the redevelopment and future use of the property. There have been discussions about the need for parking infrastructure, but also to evaluate a public / private partnership to enhance that block to make it more beneficial to downtown. This property is also included in the downtown redevelopment study and a report from the consultants is forthcoming in the riear future. This purchase was discussed in budget sessions and the funding is available in fund balance reserves. Councilwoman Powers asked how this could potentially impact our fund balance reserves and our bond rating. City Manager Sorah said it is not anticipated to have a negative impact on either. There is currently 5.1 months of fund balance reserves established. The Government Finance Office requirements say 2 months and the City's financial plan sets a floor of 3 months with a target of 4 months. Bond rating agencies prefer it to be as high as possible. Councilwoman Powers commented that she felt it was important the citizens know this is a good use of public funds entrusted to the Council and a way to put those funds back into the community with potential of at least partial refund from future development. Vice Mayor Denise added to Councilwoman Powers comments about the appropriate use of fund balance reserves saying bids have been sent out and responses received for potential use / development of this property. Councilwoman Powers continued that the community values the historical and architectural aspects of its buildings and we try to maintain the historical integrity of the downtown. Councilman Young stated his support of this purchase as there are viable options in the near future for development and potential use that have been evaluated by City staff which would provide a good return on the investment. Councilman Keen pointed out that this property probably would not end up in the hands of a developer unless the City took control of it first. The Brownfield Agreement provides good opportunity for growth. Mayor Feierabend commented on the role the City played in revitalization efforts in the downtown area and about the potential public use of some of the buildings that may occur such as an indoor  City Council Meeting July 10, 2018 Page 9 of 12 farmer's market or a music venue. These enhance the downtown and well as economic development. Councilman Young made a motion to approve Resolution 18-50 and Councilman Keen seconded. The motion passed by a unanimous roll call vote. CONSENT AGENDA: City Manager Sarah presented the Consent Agenda to Council. Councilman Jack Young made a motion to approve the consent agenda, Councilwoman Powers seconded the motion. The following items were approved by unanimous Council vote: • Minutes June 5, 2018 City Council Meeting • Minutes June 26, 2018 City Council Work Session • Resolution 18-3 8 A Resolution Approving an Agreement for Ambulance Billing and Collection Services • Resolution 18-5 1 A Resolution Approving a Grant Agreement with the Tennessee Department of Transportation for the Use of Federal Surface Transportation Block Grant Funds to Develop the City's Self-Evaluation and ADA Transition Plan • Resolution 18-52 A Resolution Authorizing Payment in Support of the Bristol Public Library and Literacy Academy for Fiscal 2019 • Resolution 18-53 A Resolution Authorizing Payment in Support of the United Way of Bristol TN/VA in Fiscal 2019 • Resolution 18-54 A Resolution Authorizing an Appropriation Agreement with the Bristol Chamber of Commerce for Program Support in Fiscal 2019 • Resolution 18-55 A Resolution Authorizing an Appropriation Agreement with the Paramount Foundation, Inc. (Paramount Center for the Arts) • Reso lution 18-56 A Resolution Authorizing an Appropriation Agreement with the Bristol Chamber of Commerce for Convention and Visitors Bureau Services • Resolution 18-57 A Resolution Authorizing an Appropriation Agreement with the Birthplace of Country Music, Inc., for the Rhythm and Roots Reunion Festival  City Council Meeting July 10, 2018 Page 10 of 12 • Resolution 18-58 A Resolution Authorizing Payment in Support of Networks Sullivan Partnership for Fiscal 2019 • Resolution 18-59 A Resolution Authorizing Approval of the Tri-Cities Regional Airport Foreign-Trade Zone No. 204 Financial Contribution • Resolution 18-60 A Resolution Approving an Agreement with Believe In Bristol, Inc., for Funding Support • Resolution 18-61 A Resolution Authorizing Payment in Support of Bristol Tennessee City Schools for Fiscal 2019 • Resolution 18-62 A Resolution Authorizing Payment in Support of the Industrial Development Board of the City of Bristol Tennessee • Resolution 18-63 A Resolution Awarding a Bid for the Purchase of Delivered Stone and Sand • Resolution 18-64 A Resolution Awarding a Bid for the Purchase of Stone and Sand on a Picked-Up Basis • Resolution 18-65 A Resolution Awarding a Bid for the Purchase of In- Place Asphalt • Resolution 18-66 A Resolution Awarding a Bid for the Purchase of Bulk Asphalt Products • Resolution 18-67 A Resolution Awarding Bids for the Purchase of Water and Sewer Supplies • Resolution 18-68 A Resolution Awarding a Bid for the Purchase of a Solid Waste Collection Rear Loader • Resolution 18-69 A Resolution Authorizing the Purchase of Software Support for the Financial Software System • Resolution 18-70 A Resolution Authorizing Reimbursement Payment to Sullivan County, Tennessee for 800 MHz Radios Linked to Radio System • Resolution 18-71 A Resolution Approving an Amendment to Cost Sharing Agreement with Pinnacle Partners Tennessee, LLC • Resolution 18-72 A Resolution Authorizing Entry into an ADA Transition Plan Agreement  City Council Meeting July 10, 2018 Page 11 of 12 • Resolution 18-73 A Resolution Awarding a Bid for the Purchase of ADA Conversion Vans • Resolution 18-74 A Resolution Awarding a Bid for the Purchase of ADA Compliant Medium Duty Bus • Resolution 18-75 A Resolution Awarding a Bid for the Purchase of Bulk Concrete Products • Resolution 18-76 A Resolution Authorizing Entry into an Agreement with Lewellyn Technologies, LLC BOARD OF EDUCATION LIASON REPORT: Dr. Gary Lilly thanked Council for approval of the property purchase and the authority to use eminent domain. He reported they have recently received a possible lead for the heir(s) for the property at 924 Oakland A venue potentially allowing for purchase without the use of eminent domain. He also thanked the Council, the Junior League of Bristol, and Tyler Johnson and the Boy Scouts for providing grant and installation of the Free Little Libraries at the elementary schools. In addition to the construction of the new middle school, the school system is pursuing several capital improvement projects this summer. Phase II of the bathroom renovations at Tennessee High School and Viking Hall are being completed. Removal of old carpet and asbestos tiles in the libraries at Tennessee High and Anderson Elementary Schools is underway. There will be the addition of new parking lot across the street from Anderson Elementary School. They will be constructing secure entryways at Tennessee High and Anderson Elementary Schools and the Central Office. Governor Haslam set aside funding for one-time and some recurring address safety in schools. To be eligible, a school safety assessment must be performed by a school administrator and a police officer that have received specialized training for that purpose. Police officers along with several school administrators were trained and have completed the assessment on all Bristol Tennessee Schools. The school system will be receiving about $88,000 in one-time funds and a little over $35,000 in recurring funds . The safety team will work with the police department and look at the assessments to determine how to use those funds to improve safety for all the schools. Dr. Lilly thanked the police department for their assistance with these endeavors. Students return August 6th and the Annual Tire Flip Race by the football players will be Friday, July 13th. CITY MANAGER'S REPORT: City Manager Sorah made Council aware the Walker Collaborative Consultants performing the downtown study will be here July 16th through July 18th. They will be holding a workshop and a share-ette from 2-5 P.M. Monday, July 16th in the Annex Conference Room. From 1-3 P.M. Wednesday, July 18th there will be a wrap-up meeting for stakeholders. Hopefully, the final report will be ready for the August or September Work Session.  City Council Meeting July 10, 2018 Page 12 of 12 • Thursday, July 121h is the Sound of Summer Tribute Concert at the Downtown Center. • Friday, July 13 111, The Border Bash in the 800 block of State Street and the Downtown Center. • Friday, July 20 111, Movies in the Park at Anderson Park. • Council Work Session, Tuesday, July 24th in the Annex Conference Room at 5:30. • State of the Cities Luncheon August 3th at the Bristol Train Station. City Manager So rah thanked Mayor Young on behalf of all City staff and expressed what a pleasure he was to work with over the past year. He expressed appreciation of his leadership and support. Terrie Talbert, Director of Community Relations, presented him with a pictorial 'Year in Office' book. CITY COUNCIL COMMENTS: Councilman Young thanked everyone for the opportunity to serve and continue the work that began in years past. He mentioned the City's strategic plan and his involvement with the Bristol Revival Project and the milestone of bringing local churches together. Vice Mayor Denise thanked Council for the opportunity to serve and the support of staff. Councilwoman Powers talked about watching the house fire of a close friend seeing our fire fighters at work, one of which was injured and still hospitalized. She was complimented them and the First Responders on a job well done. She continued by listing the numerous projects, studies, and economic development of the City and that she is looking forward to the future. Councilman Keen expressed thanks to Council, staff, and members of all the board and commissions for the work and concern of business and industry. He also thanked BTES and the water and sewer utilities. He expressed concern about the financial position and suggested marketing to developers more, but we have a lot to offer. He congratulated Mayor Feierabend and Vice Mayor Denise on their appointments and thanked Councilman Young for his service as Mayor. Mayor Feierabend requested City Manager Sarah update Council on the result of the recent Supreme Court decision on sales tax. She thanked everyone for the July 4th Celebration. She commented on her excitement about the school improvements and new middle school. She extended her appreciation to all the firefighters and well-wishes to the one who was injured. Jeremy Stout is speaking on geology at the library July 11th_ Public service can be difficult and takes patience. She went on to comment about the rescue of the soccer team in Thailand and how the teamwork of people of different nationalities and backgrounds resulted in a successful outcome. There being no further business, the meeting was adjourned at 8:57 p.m. ~f~ Tara E. Musick, City Recorder