City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE, CITY COUNCIL MEETING November 512019 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Margaret Feierabend on Tuesday, November 5,2019, at7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Margaret Feierabend, Vice Mayor Mahlon Luttrell, Councilman Chad Keen, Councilwoman Lea Powers, and Councilman Vince Turner. Others Present: City Manager 'William Sorah, City Attorney Danielle Smith, City Recorder Tara Musick, and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Matt Cross, Pastor of Surf Church and Chaplain for the Bristol Pirates, gave the invocation and Vice Mayor Mahlon Luttrell led the pledge of allegiance. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Small Business Saturday - Councilwoman Lea Powers read a proclamation designating November 30, 2019 as Small Business Saturday. Maggie Bishop, Executive Director of Believe In Bristol, and Ken Monyak, President of the Believe In Bristol Board of Directors were in attendance to accept the proclamation. Ms. Bishop thanked both Councils for recognizing the importance of small businesses in the community. She and Mr. Monyak presented additional facts about small businesses and various ways they impact the community. Communiversity - Jon Luttrell, Director of Community Relations, recognized the graduates of the 9th Annual Communiversity held September 12 - October 24,2019, and gave an overview of the program. All graduates for this year were in attendance and were presented with a certificate and had their picture taken with the Mayor. The graduates were Clyde Downs, Erin Downs, Jon Harden, Kristi Hensley, John Linke, Melissa Mullins, Melissa Roberts, and Tekai Shu. Every year, the graduates evaluate each session and the department receiving the highest score from the class is honored with an award. This year, the Fire Department was selected and Chief Mike Canier was presented with the Big Cheese on behalf of the department. Mr. Luttrell acknowledged the hard work of Anne Dunham and Jaima Helbert to coordinate all of the sessions making the Communiversity a positive and successful experience for all involved. PRESENTATIONS: None.  City Council Meeting November 5,2019 Page2 of9 PUBLIC HEARING: Mayor Feierabend opened the Public Hearing. Ordinance 19-10 - An Ordinance to Amend Section 213 (Off Street Parking) of the Zoning Ordinance City Manager Bill Sorah said this item is a zoning text amendment relating to parking regulations for educational facilities. As staff was reviewing the plans of the new middle school, it was noted that the City's parking requirements for educational facilities did not distinguish the requirements for elementary and middle schools versus high school and higher education facilities which do not have the same parking demands. Staff researched parking requirements for educational facilities in other communities and proposed new standards that are more appropriate to the parking demand of the facility. The Bristol Regional Planning Commission considered this matter during their September 16th meeting and unanimously forwarded a favorable recommendation to City Council. This ordinance was approved by Council on first reading last month. The City Manager asked Ms. Cherith Young, Planning Services Manager, to detail the amended regulations. Ms. Cherith Young presented further details stating this issue came to light while reviewing the site plan for the new middle school and staff realized parking regulations for all schools were treated the same even though all schools do not have the same number of drivers. Staff researched how this is addressed by other communities and put together the proposed ordinance that 'right sizes' regulations based on the type of educational facility. It breaks the school classification into elementary and middle school, high school, and other schools such as colleges, universities, trade schools, and training schools that would serve predominantly people who would be driving to the school, and tried to come up with a more balanced parking regulation to better serve the appropriate uses. The Planning Commission voted 9-0 to send a favorable recommendation to Council. There was no public comment on this item. Ordinance l9-ll - An Ordinance to Amend the Zoning Map of Bristolo Tennessee by Designating Certain Property as B-14 (Limited Business / Institutional) 841 and 843 Hitl Street City Manager Sorah briefly explained this ordinance is a zoning map amendment related to 841 and 843 Hill Street. The properties are currently zoned as R-E (Established Residential). The property owners, Wallace Properties Management Group, LLC, have requested rezoning of the properties as B-14 (Limited Business/Institutional). The owner intends to demolish the existing buildings for the pu{pose of expanding the inventory parking area of the dealership. City Manager Sorah called on Ms. Cherith Young to give additional details. Ms. Young presented maps of the current zoning in the arca and pictures of the street view of the properties that show the R-E neighborhood and adjacent zones. The allowed uses of R-E are single- family and duplex residential uses and some uses by special use permit such as churches, daycare centers, philanthropic institutions, and clubs such as private golf, swimming, tennis and similar sports clubs. B- 1A uses expand a little and allow the same single-family and duplex residences, but also allow some uses for business uses / services that better compliment the neighborhood. She then showed photos of the subject properties at 841 and 843 Hill Street and the surrounding parcels. Historically, these parcels have been used residentially as they have been part of an R-E neighborhood, but there is a B-14 zone adjacent to these parcels and B-3 (General Business) zoning is to the north of the properties. The Planning Commission and staff looked at the adjacent zones and felt that a B-lA  City Council Meeting November 5,2019 Page 3 of9 District will serve as an appropriate 'step down' zone from a residential areato a heavily commercially zoned area at the car lot, also owned by the requestor, and the Volunteer Parkway. Any future commercial development that would occur here would require site plan approval and would be required to meet all the standards of the zoningordinance. Ms. Young explained the Land Use Plan and Future Land Use Map are utilized any time there is a rezoning. The Future Land Use Map shows the property would be developed primarily as commercial and is in transition. In analysis of this data, again staff felt that the B-14 District will provide a transition zone to the neighborhood. Notification of this public hearing was published in the Bristol Herald Courier in October as required. When presented at the October l't meeting of City Council, there had been contact with two individuals. A caller from the 800 block of Hill Street expressed curiosity and had some questions, but had no objections. There was one email (available on BoardDocs) received from the residents at the corner of 9th Street and Hill Street stating their opposition to the rezoning request. Since then, there have been three calls expressing opposition to this rezoning request, all of which were received today (November 5tn). The Bristol Regional Planning Commission reviewed the request and voted 7-2 to forward a favorable recommendation to City Council. Councilman Chad Keen requested more information about all three of the latest calls received. Ms. Young replied that all three callers objected to the rezoning and one person in particular expressed concern about additional traffic that commercial use could bring to Hill Street. Mayor Feierabend asked if the latest callers were residents of the neighborhood. Ms. Young confirmed that all three were residents in the 900 block going west away from the Volunteer Parkway, in the next block down from the subject parcels at84l and 843 Hill Street. There was no public comment on this item. Mayor Feierabend closed the public hearing portion of the meeting. APPEARANCE OF CITIZENS: David Shumaker, 1 126 Columbia Road, also owns a building at corner of 6th and Shelby Street. He addressed the new ideas for downtown parking and downtown revitalization. He feels that $360 for parking is wrong and is almost as much as rent. It should be cheaper. Patrick Cole, 1079 Maupin Road, Chuckey, Tennessee. He spoke as a resident of east Tennessee concerned about the women's health clinic on West Stafe Street ancl its practice of providing abortions. As City officials are concerned about the welfare of the citizens, he is feels the welfare of the unborn is not being considered and he requests that the practice of abortion be abolished in the City of Bristol. John O'Roark, 1305 Broad Street, Elizabethton, Tennessee. He stated the women's clinic on V/est State Street is the only abortion clinic in the area. He feels abortions are injustices and requests the City pass an ordinance making Bristol a sanctuary city for the unborn and outlaw the murder of unborn children by any means in the City.  City Council Meeting November 5,2019 Page 4 of9 Jonathan Lugo, 1512 Old Boones Creek Road, Jonesborough, Tennessee. He requested the City to become a sanctuary city for unborn children and stop abortions in the City. David Lugo, 1512 Old Boones Creek Road, Jonesborough, Tennessee. He called on City Council to ban abortions and to pass an ordinance to make Bristol a sanctuary city for the unborn. Trevor Leonard, 32 6th Street. He spoke about downtown parking and stated it is not a problem during the day. He mentioned he read there may be a neuter and spay requirement for cats and dogs in the future and he is against any such requirement. Mr. Leonard feels the health care system is not fulfilling their promises to the community and wants Council to hold public hearings to explore the possibility of creating a public hospital authority. APPOINTMENTS: Tree Board - City Council addressed the vacancy of one seat on the Tree Board for a term of office ending June 30, 2021. Ms. Mendy Bechtold was unanimously appointed to the Tree Board to serve a term of office ending June 30, 2021. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 19-13 - An Ordinance to Amend Chapter 10 (Animals) of the Code of Ordinances by Prohibiting Tethering of Dogs between Certain Hours Unless Otherwise Permitted City Manager Sorah said this item came forward from the October 29th work session as City Council discussed potential amendments to Chapter 10 of the City's Code of Ordinances as it relates to the tethering of animals. Ordinance 19-13 creates anew subsectionto section l0-46prohibitingthe tethering of dogs between the hours of 10:00 p.m. and 6:00 a.m. There is a provision for a permit to waive this condition in the event the owner has a work schedule that would conflict with this type of ban on tethering. The permit would still require the dog be released from a tether for an eight-hour period during each twenty-four hour period. The tethering prohibition will become effective July l, 2020. If Ordinance 19-13 is approved on first reading, a second reading will be scheduled for the December 3'd meeting of Council. City Attorney Danielle Smith and Police Chief Blaine V/ade were in attendance to answer any questions regarding drafting of the ordinance or its enforcement. Councilwoman Powers received a phone call about the inclusion of professional sporting animals that are bread for the specific purpose of hunting and sporting. There are sportsmen in the city limits that have dogs specifically bred for this purpose and they requested they be included as part of the special use permit because part of their training for sporting use as hunting dogs is they are out on a tether through night hours to develop their coat. Appropriate documentation could be provided to support this position. City Manager Sorah said City Council can make any amendment to the ordinance at this time that Council feels is appropriate. Councilwoman Powers will make that amendment at the appropriate time. Vice Mayor Mahlon Luttrell made a motion to approve the ordinance and Mayor Feierabend seconded.  City Council Meeting November 5,2019 Page 5 of9 At this time, Councilwoman Powers requested an amendment to include defined sporting animals that are credentialed as such to be included as an exception. Councilman Turner seconded the motion. Christine Rabatoy, 116 Allison Timbers Road, Piney Flats, spoke about her work in Johnson City and Washington County, Tennessee, reviewing all the animal ordinances across the state of Tennessee and Asheville, North Carolina. Johnson City is currently addressing the tethering issue by phasing in the process through use of trolleys for twelve hours, unattended, for dogs over six months old. They are trying to educate the public about the importance of not chaining a dog 2417 . She requested Bristol to think regionally and transition the ordinance to no unattended chaining. Voting on the amendment was first. Councilwoman Powers made a motion to suspend the rules of order to allow discussion of Ordinance 19-13. Councilman Turner seconded the motion. All voted yes to suspend the rules of order to allow discussion. Councilman Chad Keen said there are several reasons why an animal might need to be tethered outside at night, such as in the summer to allow the dog to be outside when it is cooler instead of in the heat of the day. He has spoken with several veterinarians about this issue and he feels this is not a good ordinance. He will be voting no to the ordinance in general and as such will abstain from voting on the amendment. We rely on neighbors to help watch out for the welfare of pets in the neighborhood as there are too many variables to appropriately specify in an ordinance. The topic of tethering has been discussed in the past. Vice Mayor Luttrell said it has been discussed in the past without resolution. He would like for the issue to be resolved so things can move forward. Councilman Turner is a dog owner and does not support cruelty, abuse, or neglect of any animal. He discussed animal abuse and provided state laws about the regulations. He feels government should not pass laws based on personal opinion regarding behavior of others or that unreasonably denies rights. Can this ordinance be enforced? After reviewing all the information, he will support this ordinance. However, he requested Council review the ordinance in July to determine if it has been effective. He wants a report from the Police Department as to the number of calls received, citations, or other legal action being taken. He wants to hear from citizens if there is any undue burden as a result of this ordinance. He wants citizens to report the criminal neglect or abuse of animals to the Police Department and requests the Police to enforce the existing laws and ordinances as applicable. Councilwoman Powers supports the comments made by Councilman Turner. She asked who cares about the animals. Is it the Council who has tried the last four years to come to a reasonable compromise? Is it those who have demanded an all-or-nothing approach? She will support the ordinance along with the amendment for sporling animals. She respects the views of Councilman Keen and appreciates the perspective of those with different views. Mayor Feierabend said Council has actually been looking at this situation for eight years which was 'the cutting edge' at that time. This is a tool for the City and for neighbors when other options are exhausted. She is all for keeping animals safe and properly cared for. Councilman Keen said he believes the City can come up with a plan that addresses the issue of long- term tethering. He agrees a dog should not be tethered 2417 ,365 days a year, but he does not agree with the time limit.  City Council Meeting November 5,2019 Page 6 of9 Councilman Turner agreed with the statements made by Councilman Keen. However, thinking from the perspective of the Police a particular timeframe makes it easier to enforce the ordinance. Councilman Keen agreed with the problem of enforcement and said he feels there are enforcement issues with the entire ordinance such as what is the definition of 'adequate food' or 'adequate water'? Councilwoman Powers said the ordinance is supposed to start July 1't. This the first reading and there is time to revisit this subject prior to then, but this is the first step toward finding a solution. A vote was taken on the amendment to allow a special use permit for sporting animals. Vice Mayor Luttrell asked if a beagle used for rabbit hunting would meet the definition of sporting animal. Councilwoman Powers said she was speaking about dogs that are credentialed as sporting animals. The result is as follows: Councilwoman Powers Yes Vice Mayor Luttrell Yes Councilman Turner Yes Mayor Feierabend No Councilman Keen Abstained The amendment passed by majority vote A roll call vote was then taken on the ordinance with the following result: Councilwoman Powers Yes Vice Mayor Luttrell Yes Councilman Turner Yes Mayor Feierabend Yes Councilman Keen No B. Adoption of Ordinances (Second Reading): Ordinance 19-10 - An Ordinance to Amend Section 213 (Off Street Parking) of the Zoning Ordinance This item was summnized during the Public Hearing portion earlier on this Agenda. Vice Mayor Luttrell motioned to approve Ordinance 19-10 and Councilman Keen seconded. There was no further discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. Ordinance l9-ll - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-14 (Limited Business / Institutional) 841 and 843 Hill Street This item was summarized during the Public Hearing portion earlier onthis Agenda. Councilman Turner motioned to approve Ordinance 19-11 and Councilman Keen seconded. Mayor Feierabend expressed some concern about the neighborhood now as well as for the future as some of the residents in that area have stated their opposition to the rezoning. However, she understands the need for a transition area. Councilwoman Powers said everything that the Wallaces do is quality in nature and she supports the rezoning. Mayor Feierabend said that rezoning decisions such as this should be based on what is best for that zone and not on a particular use. As there was no further discussion, a roll call vote was taken:  City Council Meeting November 5,2019 PageT of9 Councilwoman Powers Yes Vice Mayor Luttrell Yes Councilman Turner Yes Mayor Feierabend No Councilman Keen Yes Ordinance 19-12 - An Ordinance to Amend Chapter 6 (Alcoholic Beverages) of the Code of Ordinances by Creating a Dual Permit for On-Premises and Off-Premises Sales of Beer City Manager Sorah gave an overview stating staff recently received a request from Cascade Draft House to consider amending the City's Beer Ordinance to allow for the sale of beer both on and off premises. The establishment currently has a permit for on-premises beer consumption only. The City's Beer Ordinance currently provides for permits to be issued for on-premises consumption at restaurants, taverns, hotels and motels and the like. OfÊpremises permits may be issued for the sale of beer at establishments such as grocery stores, convenience stores, and similar establishments. The proposed revision to the Beer Ordinance would allow craft beer retailers to possess a dual permit allowing for on- premises consumption as well as the sale of sealed containers such as cans, bottles, and growlers for off- premises consumption. City Attorney Danielle Smith crafted the proposed amendment working along with the Beer Board and Police Chief Blaine Wade and both she and Chief Wade were in attendance to answer any questions. Councilman Keen made a motion to approve the ordinance and Councilman Turner seconded. As there was no further discussion, the motion passed unanimously by roll call vote. C. Resolutions: None CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Powers made a motion for approval and Vice Mayor Luttrell seconded the motion. The following items were approved by unanimous Council roll call vote: r Minutes October 1,2019 City Council Meeting r Minutes October 3,2019 Called City Council Meeting r Minutes October 15,2019 Called Joint City Council Meeting r Minutes October 29,2019 City Council Work Session r Resolution 19-103 A Resolution Authorizing the Submittal of a Grant Applical.ion to the Tennessee Department of Transportation Traffic Signal Modernization Grant Program ¡ Resolution 19-104 A Resolution Authorizing Entry into a Professional Services Agreement for Production of Historic District Design Guidelines ¡ Resolution 19-105 A Resolution Authorizing the Purchase of Software Support for GIS  City Council Meeting November 5,2019 Page 8 of9 r Resolution 19-106 A Resolution Awarding a Bid for the Demolition of 700 Block of Shelby Street r Resolution 19-107 A Resolution Authorizing the Purchase of Replacement V/ireless Remote Control Kit r Resolution 19-108 A Resolution Awarding a Bid for Purchase of Single-Axle Dump Trucks r Resolution l9-109 A Resolution Authorizing the Sale of Surplus Real Property (350 Henson Road) r Resolution 19-110 A Resolution Authorizingthe Purchase of Police Wireless Field Reporting Software Support BOARD OF' EDUCATION LIAISON REPORT: Mr. Nelson Pyle, Chairman of the Board of Education, introduced Dr. Tom Sisk, the new Director of Schools. Mr. Pyle explained the hiring process and the use of a search consultant. Community surveys were taken and in addition, the search consultant interviewed all the members of the school board to help select the appropriate candidates for interview from the pool of twenty inquiries received. There were seven candidates selected for interview. Each candidate was interviewed one-on-one by each member of the school board. There was one candidate selected by each of the board members, independently, as the top choice. This top candidate, Dr. Tom Sisk, was brought back to do a community interview followed by contract negotiations. Dr. Sisk will move our school district forward and involve our citizens and community in education. Dr. Sisk thanked Council for the opportunity to speak. He moved here after retiring in Alabama. He knows Bristol is a good place to live, worship, and raise a family, but wants it to be a greatplace to do so. He wants Bristol to be a place where people choose to live. The workforce is what separates a successful community from those struggling to build business opportunities. It needs to be a shared vision. He is working with staff to develop plans to bring to the board. If there is a need, he needs to know what it is in order for it to be addressed. He wants this to be a world class school system and wants to work with City Council, county commissioners, and businesses to do so. He issued an open invitation to all Council members. CITY MANAGER'S REPORT: City Manager Sorah reminded Council of several dates for the month. o November l4th at2:00 P.M. and lgth at 6:00 P.M. - Two community meetings on downtown parking, both in the Annex Conference Room and comments from these meeting will be reported back to Council o November 25th from 5:30 to 8:30 P.M. - Annual Christmas Open House in Downtown Bristol sponsored by Believe In Bristol o November 26th - City Council Work Session, I l:00 A.M. in the Annex Conference Room o December 2"d 6:30 P.M. - Annual Bristol Christmas Tree Lighting in Cumberland Square o December 4th 10:00 A.M. to Noon - Annual Tennessee Municipal League District 1 Meeting in Erwin at The Brambles  City Council Meeting November 5,2019 Page 9 of9 a December 5th 7:00 P.M. (Council meets 30 to 45 minutes earlier) - Annual Bristol Christmas Parade He then asked Cherith Young to give an update on the 2020 Census. Ms. Young reported the Bristol Counts complete count committee met for the third time last week and now consists of twenty members. A logo has been developed in conjunction with staff from Community Relations. The committee will meet again in December and will continue to focus on informing the community that workers are needed to help with Census process. Sullivan County is in desperate need of workers and she encouraged any interested to check at www.2020census.gov/iobs. She then showed a video curuently airing that explains what the Census is and why it matters. April 1't is Census Day. CITY COUNCIL COMMENTS: Councilwoman Powers mentioned several upcoming events: Veterans Day Parade starts at 10:00 A.M. downtown on November 9th; November 14th is Farm and Fun Time 7:00 P.M. at the Birthplace of Country Music; Small Business is Saturday November 30th; and December 7th is Santa at the Downtown Center. The Pumpkin Palooza was a great success. She mentioned the local economy is continuing to grow and shared some statistics. She then welcomed Dr. Sisk to the community. Vice Mayor Luttrell said makes a point to drive around town every few days to see what is going on in the community, paying specific attention to the people and their expressions. He said most people appear to be happy, which he feels is a good indicator that things are going well in Bristol. Councilman Keen is excited and looks forward to working with Dr. Sisk. V/ork will continue on the animal ordinance as everyone shares ideas about how to move forward. He encouraged everyone to invite someone less fortunate or with no family to share the Thanksgiving holiday with you. Mayor Feierabend mentioned some local events, including For the Beauty of the Earth. This is a community recycling panel that King Environmental Club has been working on. V/es Ritchie, Public Services Manager, is on the panel along with others in the community and they will be presenting information on November 14th to help educate the community about recycling. The search for a new library director continues and Pat Hardy from MTAS is assisting with the search. Adverse Childhood Experiences Awareness was last month and there is a fifteen-minute introduction / training which Bristol, Virginia has already received. She would like Bristol, Tennessee Council to receive it as well, possibly along with the Bristol Tennessee School Board. Research shows that people who take a few minutes to be thankful for various things in their lives tend to have better health, both physically and mentally. There being no further business, the meeting was adjourned at 8:54 p.m. /^^- t ',Htoë/ }y'ra{ ga6. Feierabend, Mayor Tara E. Musick, City Recorder