City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING October 2, 2018 CALL TO ORDER: The City of Bristol Tennessee City Council meeting was called to order by Mayor Margaret Feierabend on Tuesday, October 2, 2018, at 7:00 p.m. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Margaret Feierabend, Vice Mayor Michelle Denise, Councilman Chad Keen, Councilwoman Lea Powers, and Councilman Jack Young. 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: Councilman Jack Young introduced Rev. Stan Anderson, Pastor of Liberty Baptist Church, who gave the invocation. Councilman Young then led the pledge of allegiance. AGENDA ADDITIONS AND/OR CHANGES: City Manager Sarah stated there were no additions to the agenda, but there was one item for deletion under First Reading: • Ordinance 18-14 An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3 (General Business) 1112 Edgemont A venue, Tennessee High School This item is being deleted at the request of the school system. PROCLAMATIONS AND RECOGNITIONS: Fire Prevention Week - Vice Mayor Denise read a proclamation designating October 7-13, 2018 as Fire Prevention Week. Firefighter Kevin Martin and Firefighter Scott Wise were in attendance to accept the proclamation. National Community Planning Month - Councilman Jack Young read a proclamation designating the month of October 2018 as Community Planning Month in Bristol, Tennessee. Cheri th Young, Senior Planner, was in attendance to accept the proclamation. National School Bus Safety Week- Councilwoman Lee Powers read a proclamation designating October 22-26, 2018 as School Bus safety Week. In addition, Kenny Morrell, former owner of Holston Bus Company, was recognized for his many years of providing safe and reliable transportation for the area school students. Dr. Gary Lilly, Director of the Bristol Tennessee City  City Council Meeting October 2, 2018 Page 2 of 9 Schools, expressed his thanks to Mr. Morrell and the Holston Bus Company for the years of service to the students. Mr. Morrell was in attendance to accept the proclamation. 3 CMA I Community Relations Award- Councilman Chad Keen presented Terrie Talbert with the Silver Circle Award for second-place awarded by the City-County Communications and Marketing Association. This award for a one-time event recognized the efforts of the Community Relations staff under the direction of Terrie Talbert in debuting the City's new brand platfonn in June 2017 with a full day of events culminating in Bristol's Biggest Block Party. This event was selected from over 700 international entries. Terrie Talbert was in attendance to receive the award. Bristol First Program Award - This award has historically been given to current City employees. Terry Talbert, Director of Community Relations briefed those in attendance as to why a fonner elected official and board member was selected as the recipient this time. This award recognizes David Shumaker, former Mayor, Councilman, and board member, and his vision of 18 years ago for the creation of the Rhythm & Roots Reunion Festival and his continued work toward making it a successful event bringing in over 571,000 visitors to Bristol over the last 18 years. Mayor Feierabend presented the Bristol First Award to Mr. Shumaker. PRESENTATIONS: None PUBLIC HEARINGS: Mayor Feierabend opened the Public Hearing. Ordinance 18-12 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3 (General Business) 312 & 406 2nd Street City Manager Sorah stated this ordinance amends the zoning designation for property located at 312 and 406 2nd Street. The property is owned by Mr. Charles E. Fritts and it is currently zoned M-2, General Industrial Zone. Planning staff received a request from the tenant, Mr. Richard Talbert, with the permission of the property owner, for the property to be rezoned to B-3, General Business Zone. Staff reviewed the request in light of the zoning designation of the surrounding property and made a recommendation to the Bristol Regional Planning Commission at their regular monthly meeting on August 20th. During that meeting, the Planning Commission unanimously gave a favorable recommendation to Council for the rezoning. Mr. Tim Beavers, Interim Community Development Director, gave further details. Mr. Beavers said as previously stated, the property for rezoning was 312 and 406 2nd Street. The applicant was Richard Talbert and the owner Charles E. Fritts. Mr. Talbert wishes to put an auto sales business on the property, which is currently not allowed in the M-2 zone. Mr. Beavers presented maps of the surrounding properties showing the property to the north zoned as M-2 (General Industrial) and B-3 (General Business); to the south zoned as R-E (Established Residential Neighborhood) and R-3 (Multifamily); to the east zoned as R-3 (Multifamily); and to the west zoned as M-2 (General Industrial). The Future Land Use Map shows the subject property to be considered either as industrial or business zoning. The Future Land Use Map is used as a guide in rezoning to help decide what is applicable to the area. This property is split by both uses, so it can be considered for either of those categories.  City Council Meeting October 2, 2018 Page 3 of 9 Some of the currently allowed uses for property zoned as M-2 include, but are not limited to, all manufacturing / repairing, cement and asphalt plants, contractor shops and yards, coal yards, chemical manufacturing, petroleum product distributors, wrecker services, and truck terminals. Some of the currently allowed uses for property zoned as B-3 include, but are not limited to, retail businesses, offices, gas stations, auto sales / repair shops, nursing homes, and funeral homes. A complete list of allowed uses for all zones is in the Zoning Ordinance, which is available on the City website. City staff recommends rezoning of 312 and 406 2nd Street from M-2 to B-3 as it is compatible with the Future Land Use Map and contiguous to a B-3 district. It is also a transition zone between the R-3 residential properties on Pennsylvania Avenue and the M-2 industrial area and considered as a step-down zone where the uses are less intense than if manufacturing were in the area directly adjacent to the residential areas. In addition, Mr. Beavers said comments were received from two adjacent property owners, one was a business owner and the other a residential owner, and both were in favor of the rezoning request. As there was no comment from the public, Mayor Feierabend closed the hearing for this ordinance. Ordinance 18-13 -An Ordinance Changing the Name of a Public Street from K-Mart Drive to Skateway Drive City Manager Sorah explained Ordinance 18-13 authorizes the renaming of K-Mart Drive to Skateway Drive. This is at the request of Mr. Gary Easmunt, co-owner of the new Bristol Skateway, to provide enhanced visibility for the new business. The request was presented to the Bristol Regional Planning Commission at their August 20th meeting and received a favorable recommendation by a vote of 7-1. He requested David Metzger, Traffic Engineer, to further explain this issue. Mr. Metzger said as previously stated, this a public hearing and second reading of the ordinance to change the name of K-Mart Drive to Skateway Drive. The road is located adjacent to the Bristol Skateway which recently reopened after extensive refurbishment of the property. There are only two pieces of property that have a K-Mart Drive address--the skating facility at 210 and 212 and a currently undeveloped and heavily wooded piece of property at 208 owned by Mr. Charles Branson. At the Planning Commission meeting in August, the ultimate result was a recommendation to rename K-Mart Drive to Skateway Drive for enhanced visibility as previously stated. This request went to first reading at the last City Council meeting and was duly advertised in the Bristol Herald Courier. Staff has made numerous attempts to contact Mr. Branson for his input on this issue and have received no response to date. Letters were also sent to the five properties on Bristol College Drive whose businesses would be accessed via the new roadway name. Of the five property owners, only one response was received and they were neither pro nor con, but looking for information. If Ordinance 18-13 is approved this evening, the name change would take effect in the field November 15th in order to give time for the necessary processes to take place for postal / 911  City Council Meeting October 2, 2018 Page 4 of9 addressing, utility databases, and signage changes. Typically, 30 days are allowed to make the transition as smooth as possible. Mayor Feierabend asked ifthere were any public comments on this issue and Kelly Graham, 101 Evergreen Place, addressed Council on behalf of Gary Easmunt who was out of town at a trade show. Mr. Easmunt, who is co-owner of the Bristol Skateway and requested the roadway name change, and asked Mr. Graham to express his appreciation to the City for the business-friendly reception. They came here from Florida to open this business and have been very happy with the response of City Council, the Planning Commission, and planning staff. The Skateway has been open for several days at this point and has had tremendous response from the public. Mr. Graham also expressed his appreciation for the business-friendly actions of the City and community. As there was no further comment from the public, Mayor Feierabend closed the hearing for this ordinance. APPEARANCE OF CITIZENS: Emily Kausch, 151 Grubb Lane, stated while hospitalized in February due to severe illness her dog, Ben, escaped from her yard and became caught in a snare trap in her neighbor's yard bordering Tara Hills Condominiums. Her daughter found Ben after searching the area for 4 hours and he was rescued with the assistance of the Bristol Tennessee Police and Fire Department personnel. Ben's leg was severely swollen and was almost lost. Ms. Kausch expressed her concern for the use of inhumane and cruel snare traps in the City. She stated she had communicated with Councilman Jack Young, Mayor at that time, over a period of several months and presented him with wording for a proposed ordinance that had been crafted with the assistance of State Representative John Crawford that would prohibit the use of snare traps in Bristol, Tennessee on residential property. On September 28 111 , she received an email from Councilman Young stating that the City will not pursue an ordinance because City restrictions would not be enforceable and that TWRA exclusively regulates trapping in Tennessee. Current law, Code 74120, is only enforceable if the trap is set on someone else' property and not your own. She is concerned about the potential danger snare traps pose to domestic animals and small children that may wander onto someone else' property. She requested Council to reconsider adopting an ordinance against the use of snare traps for the reasons previously mentioned. APPOINTMENTS: None ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None B. Adoption of Ordinances (Second Reading): Ordinance 18-12 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3 (General Business) This ordinance was reviewed during the Public Hearing section of the agenda. There being no further questions, Mayor Feierabend asked for a motion. Councilwoman Powers made a motion  City Council Meeting October 2, 2018 Page 5 of 9 to approve the ordinance and Councilman Young seconded. The motion passed by a unanimous roll call vote. Ordinance 18-13 -An Ordinance Changing the Name of a Public Street from K-Mart Drive to Skateway Drive This ordinance was reviewed during the Public Hearing section of the agenda. There being no further questions, Mayor Feierabend asked for a motion. Vice Mayor Denise made a motion to approve the ordinance and Councilwoman Powers seconded. Mayor Feierabend stated she was the only 'no' vote on the Planning Commission and she will again vote 'no' due to renaming the street for a business. She said she feels it is important to keep the name consistent when it is a 'through' street and there may be future businesses that would request another name change, but continued by saying she is appreciative of the investment in the community and excited about the Bristol Skateway opening and its future. Council Keen wants to support the business especially in the early years, which is a vulnerable time for a new business. Vice Mayor Denise commended the extensive renovations that have been done to the Bristol Skateway and expressed her appreciation for the faith in the community it exhibits. The motion passed by a roll call vote of 4 to 1, with Mayor Feierabend voting 'no'. C. Resolutions: Resolution 18-96 - A Resolution Expressing the Intent to Contribute to the Construction of the Bristol Tennessee City Schools' New Middle School City Manager Sorah stated this resolution memorializes City Council discussion during the September 26 111 work session. Earlier in the month of September 2018, there was a joint meeting with the Board of Education (BOE) in which they requested additional funding to proceed with the construction of the new middle school based on cost estimates developed by Burwil Construction Company. Sullivan County School Bonds issued in March 2017, provided funding in the amount of $27,008,879 for the purpose of constructing a new middle school to serve the City of Bristol. The construction cost estimates have totaled $32,670,000, so the BOE has requested additional funding from the City in the amount of $2,500,000 to assist in addressing the estimated cost of the new facility. The BOE has also indicated their desire to contribute a like amount to address the remaining funding needed to advance the project. Resolution 18-96 summarizes the discussion of City Council as follows: • The City would contribute up to $2,500,000 toward the construction of the new middle school. • The actual amount of the contribution will be derived by calculating the difference in the cost of construction, up to $32,670,000, and the funds available for construction ($27,008,879 in bond proceeds, interest on bond payments, private donations, and any other funding sources) and dividing that amount in half, with the City's contribution not to exceed $2,500,000. • The City's contribution will be funded by the means determined by the City at the time of the appropriation of funds for construction on the new school. This could be through the use of general fund balance or through financing the amount requested.  City Council Meeting October 2, 2018 Page 6 of 9 Councilman Young asked City Manager Sarah to explain when a plan for a bond issue would be carried forward. City Manager Sarah said the project is currently in preliminary design which is how the $32,670,000 cost estimate was developed. The design will be refined over the coming months allowing for the cost estimate to also be refined by early 2019. The project is anticipated to bid in spring of 2019 with construction to commence, particularly the excavation/ demolition aspects, in spring of2020 with structural aspects to commence later in the year and the construction schedule is estimated at two years. As to the timing of the funding, this Council can only bind this Council. Future Councils cannot be bound by the decision of the current Council, so the funding schedule is subject to when this Council directs. The current Council could direct the funding to be drawn from general fund balance reserves now, which would require an amendment of the current budget. Council could also issue general obligation debt in support of the middle school construction. Councilwoman Powers made a motion to approve Resolution 18-96 and Councilman Keen seconded. Councilwoman Powers stated the project is important and thanked the Sullivan County Commission for contributing $27,000,000 on behalf of the citizens of Bristol. She also thanked the BOE and administrative staff for their efforts to reach this point in the project. She expressed the importance ofletting the school board and the community know the current Council financially supports the new middle school and to inform them as to the degree of commitment to utilize the community tax dollars for this endeavor. Councilman Young explained Council arrived at this decision after meeting multiple times over an extended period of time and review of the engineering assessment ofrevisions of approximately 12 years ago. The meetings and review helped him to understand what was necessary to get the school system where it needed to be. He is pleased to be part of the process to enable the financial match which will allow this project to proceed beyond the discussion/ planning stage to the actual construction stage. Councilman Keen said this shows the priorities of the City. Visitors to the area will see the priorities of the City include not only providing quality education, but appropriate educational facilities as well. He feels the cost estimate is in line and this resolution shows Council support for the school system for this project, as well as future projects. Vice Mayor Denise is pleased with the design of the new middle school. She stated it is high tech, will represent pride in the City, and will be an asset in informing new comers the City is striving to provide competitive educational opportunities for young families. Mayor Feierabend also expressed her appreciation of the efforts of all those involved to enable the project to proceed and her enthusiasm for the current educational emphasis by the community. She stressed the importance of investing in our children, the community, and the future. This is an investment in not only our educational system, but in economic development and will help our region to be sustainable and grow. The motion passed by a unanimous roll call vote.  City Council Meeting October 2, 2018 Page 7 of 9 CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilman Chad Keen made a motion for approval and Councilman Young seconded the motion. The following items were approved by unanimous Council vote: • Minutes September 4, 2018 City Council Meeting • Minutes September 26, 2018 City Council Work Session • Resolution 18-94 A Resolution Awarding a Bid for the Purchase of a Refuse Containers • Resolution 18-95 Aut~orizing Acceptance of a Tennessee Highway Safety Grant From the Governor's Highway Safety Office BOARD OF EDUCATION LIASON REPORT: Dr. Gary Lilly expressed his thanks to the Council for their commitment to the construction of the new middle school. This will help the students to be college and career ready, be a point of pride for the community, and a showcase for prospective residents, businesses, and industry. Dr. Lilly informed those in attendance that Saturday, October 6t11, will be the 67th Annual Music in The Castle Band Festival with 27 bands in attendance this year. The following week is fall break and the system is offering intercession on Tuesday, Wednesday, and Thursday with remedial activities in the morning and enrichment activities in the afternoon. Transportation will be provided for students who are interested in attending. CITY MANAGER'S REPORT: City Manager Sorah mentioned a few dates of importance for the month of October: • Thursday, October 4th at 10:00 A.M. will be the groundbreaking for the Aerospace Park • Thursday, October 4th 11:00 A.M. - 1:00 P.M. is the Annual Dump the Pump Transit Appreciation Day and the City will be serving hot dogs and hamburgers at the Downtown Center to transit passengers • Tuesday, October 9th at 2:00 P.M. there will be a free interview skill workshop. This is a joint effort between the City and the Northeast Tennessee Chapter of the Society for Human Resources Management. It will be at the Slater Center and is in advance of the Hiring Expo. • Thursday, October 18th is the Hiring Expo at the Bristol Motor Speedway South Building from 10:00 A.M. to 5:00 P.M. • Council Work Session will be Tuesday, October 23rd • The Annual Boards and Commissions Reception will be Thursday, October 25th at the Bristol Motor Speedway in the Bruton Smith Building from 5:30 - 7:00 P.M. City Manager Sorah expressed his appreciation to all those who were involved with the Rhythm & Roots Festival. He commended the set up and tear down efforts of the Parks and Recreation  City Council Meeting October 2, 2018 Page 8 of 9 staff, the sanitation and other aspects of service provided by the Public Works staff over the three- day event, and the efforts of the Police and Fire Departments to keep everyone safe. Councilman Young requested City Manager Sorah introduce Mr. Jon Luttrell, who was recently named as the new Business Development Specialist. Mr. Luttrell is the fonner Public Relations Specialist of the City's Office of Community Relations. Councilman Young also requested infonnation on the employers who can paiiicipate in the upcoming Hiring Expo. City Manager Sorah requested Jon Luttrell address this issue. Mr. Luttrell stated this is the 5th such event the City has hosted in the last 2-1/2 years. Per discussions with the Industrial Development Board, the event is open to employers in the City of Bristol Tennessee, and through the support of the Sullivan NETWORKS Partnership, elsewhere within Sullivan County. It is also open to employers in Bristol, Virginia who focus on manufacturing operations, as long as they are a member of the Bristol Chamber of Commerce, and they will be asked to contribute a nominal fee to cover costs as it is a publicly-funded event for Bristol, Tennessee. Vice Mayor Denise asked how many employers are signed up to participate. Mr. Luttrell said at this point there are about 35 employers registered with almost a week remaining before the registration deadline, so there is potential for additional participants. Vice Mayor Denise then asked if there is an estimated number of job openings, to which Mr. Luttrell replied that number could not be determined until employer registration was complete, however, one registered employer has listed 500 openings and based on information on hand the estimated number is 1,000. CITY COUNCIL COMMENTS: Councilwoman Powers reminded everyone Bristol is open for business with 500 potential jobs open and many more coming. She expressed her appreciation for the partnership with Sullivan NETWORKS and the work being done with regional economic development entities to ensure the region is well prepared for business and industry. She mentioned her excitement of being on the Joint Sewer Oversight Committee and her thankfulness for the well-organized functionality of the system. She mentioned Believe In Bristol and the Dinner and a Movie in the Park on October 5111, the PUSH Film Festival October 12t11 -141h, and Pumpkin Palooza trick or treating downtown on October 27th. Councilwoman Powers commented on the privilege of being on the Birthplace of County Music Board of Directors and a special exhibit at the museum, Through Your Eyes, which runs through October 18th. Farm and Fun Times at the museum along with the Community Jam are fun events for the community. The banjo gathering will begin November 151 • She is proud and pleased to serve on the Council, expressed her gratitude for the open discussion and progress made on behalf of the middle school project, and for being able to take part in the funding commitment resolution passed this evening. Councilman Young voiced his agreement about the open discussion at the Work Session mentioned by Councilwoman Powers and recognized City Attorney Danielle Kiser for her diligence to appropriately express the wishes of this Council in crafting the resolution for the school funding. Councilman Keen expressed his excitement about the school system. He mentioned approximately 1,000 volunteers, from other areas as well as local, worked this year to help make the Rhythm & Roots Festival a success and expressed his thanks to them as well as others, such as David Shumaker and Kenny Morrell, and other musicians that were really special this year. Councilman Keen stated signage changes would be discussed soon and he hoped the sentiment of customer  City Council Meeting October 2, 2018 Page 9 of9 service would be a part of the discussions to give businesses the opportunity to thrive while still adhering to standards. The Finance Committee will be talking in the near future about policies and being citizen friendly and stressed the importance of being perceived as truly a good place to live and do business. He recognized the hard work of Community Relations and the successful outcome of the task presented to them to brand and market Bristol. Vice Mayor Denise stated education and economic development are the life blood of the community and the only way Council can impact that is to facilitate progress. The new middle school and being a 10GB community are huge steps for the community. Council relies heavily on Community Relations and commended Terrie Talbert and staff for doing a great job every time. Council also heavily relies on Economic Development as these are the two departments that are crucial to help the City attract more and younger persons to the region and want to stay. The groundbreaking for the Aerospace Park on Thursday is a big game changer for this area. She expressed her appreciation for the great job the City does in providing the basic needs for a community and for believing in Bristol. Mayor Feierabend recognized several members of the boards, commissions, and community that were present. She expressed her thanks for the tag line developed by NETWORKS in the last year, "Where Tennessee Begins Its Business Day" and the effort of NETWORKS on behalf of the region. She mentioned the possibility of being an MSA (Metropolitan Statistical Area), the advantages of being one MSA along with regionalism, and that staff will be researching the associated possibilities and responsibilities. There will be a Tennessee Ernie Ford anniversary celebration in 2019. Mayor Feierabend was able to go to Washington, D.C. for the announcement of the Great Places Award from the American Planning Association naming State Street as one of the five Great Streets in the U.S. for 2018. While there, she was able to discuss planning issues with our local legislators. She mentioned she traveled by rail, but had to go to Roanoke to do so and would like to press forward with the task of getting passenger rail service to the area. She reminded everyone of Dancing in the Streets on October 16th at 6:00 p.m. and about the Halloween events previously mentioned along with a presentation by King College at the library on October 30th, 'Radio Frankenstein', on Mary Shelly's Frankenstein and lessons on being human. She went on to say this Council meeting looked to the past, celebrated current events, shared impassioned concerns, looked to the future with passing the resolution about funding the new school, and thanked all those in attendance for being a part of it. There being no further business, the meeting was adjourned at 8:32 p.m. Tara E. Musick, City Recorder