City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING April 5, 2022 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, April 5, 2022 at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Mahlon Luttrell, Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, Councilman Mark Hutton, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Mary Lee Wi lliams, Director of Planning Services Cheri th Young, Director of Parks and Recreation Terry Napier, Fire Chief Mike Carrier, Police Chief Matt Austin, Director of Finance Hollie Verran, Director of Economic Development Tom Anderson, Director of Utility Services Will Witcher, Director of Engineering Services Jacob Chandler, Director of Public Services Wes Ritchie, Senior IT Manager Shane Varney, IT Manager Greg Cross, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Fire Chief Mike Carrier gave the invocation. Vice Mayor Vince Turner introduced Hayden Booher and his mother, Morgan, and asked them to lead the pledge of allegiance. AGENDA ADDITIONS AND/ OR CHANGES: None PROCLAMATIONS AND RECOGNITIONS: Arbor Day / Earth Day - Counci lwoman Lea Powers read a proclamation designating April 29, 2022 as Arbor Day / Earth Day. Mr. Jeremy Stout, Nature Center Manager / Natural ist, was in attendance to accept the proclamation. Mr. Stout thanked Council for the recognition and spoke about the Bristol urban forest. He invited everyone to the Arbor Day Celebration at Haynesfield Elementary School on April 29 111 • Library Week - Councilwoman Margaret Feierabend read a proclamation designating April 3-9, 2022 as Library Week. Ms. Tonia Kestner, Bristol Public Library Executi ve Director, and Ms. Brenda Dunn, Director of Finance were in attendance to accept the proclamation. Ms. Kestner thanked Council for the recognition and acknowledged the efforts of all the library workers and volunteers. She thanked the City for all the assistance and support they provide to the library. Councilwoman Feierabend commended Ms. Kestner for the work she does for the library and the community. She also mentioned some of the library programs that are avai lable. Autism Awareness & Acceptance Month - Vice Mayor T urner read a proclamation designating April 2022 as Autism Awareness & Acceptance Month. Ms. Sarah Phillips was in attendance to accept the proclamation. Ms. Phillips expressed her apprec iation to Council for the recognition and then talked briefly about challenges of parenting a young child with Autism. Vice Mayor Turner mentioned that Dr. and Mrs. Phillips purchased the blue lights in the downtown area. City crews and volunteers wrapped  C ity Council Meeting April 5, 2022 Page 2 of 8 them around the decorative light poles on State Street to help bring awareness to Autism in our community. Counci lwoman Powers commended Vice Mayor Turner for his efforts in spreading awareness of Autism. Public Safety Telecommunicators Week - Mayor Luttrell read a proclamation designating April 10- 16, 2022 as National Public Safety Telecommunicators Week. Ms. Crystal Key, 911 Communications Manager, was in attendance to accept the proclamation. Ms. Key thanked Council for their support of the 911 Dispatchers. Being a 911 Dispatcher is a difficult job and they work hard to provide support to our emergency responders and our citizens. Councilwoman Powers mentioned there is also a non- emergency phone number that is always staffed. Start by Believing Day - Councilwoman Powers read a proclamation designating April 6, 2022 as Start By Be lieving Day. Brittany Fleenor, Coordinated Community Response Specialist of the Branch House / Sullivan County Family Justice Center, was in attendance to accept the proclamation. She thanked Council and the City for placing value on empowering and supporting victims of interpersonal violence. She also thanked the Bristol Tennessee Police Department for working co llaboratively with the Branch House since the very beginning. Their compassion and professionalism when working with victims, especially those of sexual viol ence, makes all the difference. The City is setting an example that all can fo ll ow. Buckle Up for Life-Distracted Driving Month - Councilman Mark Hutton read a proclamation designating April 2022 as Distracted Driving Awareness Month. Greg Brown, Bristol Tennessee Police Lieutenant, was in attendance to accept the proclamation. He thanked Counci l and the community for their support. The officers work diligently to remind everyone of the dangers of distracted driving as part of their efforts to help keep our citizens safe. Fair Housing Month - Councilwoman Feierabend read a proclamation designating Apri l 2022 as Fair Housing Month. Mr. Steve Willinger, Community Development Advisory Committee (CDAC) Chair, was in attendance to accept the proclamation. He thanked Council for the recognition and went on to say that home ownership is the American Dream. It is the job of the CDAC to do everything possible to keep that dream alive for everyone. He then spoke of the importance of working toward home ownership being accessible to everyone. PRESENT ATIO NS: None PUBLIC HEARINGS: Annexation Plan of Services for 2467 Weaver Pike - One-Year Report City Manager Bill Sorah explained that one year ago, the City annexed 2467 Weaver Pike which was an owner-initiated annexation. By statute, the C ity is required to brief Counci l at six-month intervals, provide opportunity for a public hearing, and detai l the status of the Annexation Plan of Services. Ms. Cherith Young, Director of Community Development, was requested to give an update on the Plan of Services. Ms. Young reviewed the Plan of Services, presented slides detailing the property and zoning, and reported on the status of each service, most of which were effective immediately upon completion of the annexation. The one short-term item to be addressed was the extension of sanitary sewer service which  City Council Meeting April 5, 2022 Page 3 of 8 was to be provided within one year of the date of annexation. This was completed in January and therefore, the Plan of Services has been executed and is complete. There were no public comments and the hearing was closed. APPEARANCE OF CITIZENS: Rick Bott, 3120 Highway 11 -W, Blountville, Tennessee spoke about what he considers to be property damaged by a City water main. He presented a timeline as an overview and requested a committee be appointed to help resolve the issue. December 2019 - he purchased property; March 2020 - water tap was paid and meter installed; April 2020 - he noti fi ed the Tennessee Department of Transportation (TDOT) of a pothole on Highway 11 -W containing water which was subsequently repaired; July 202 1 - TDOT was dispatched again as pothole opened up with an estimated depth of six feet with water present. The TDOT Johnson City Field Office was notified and repairs were made. Fall of 2021 - ponding began to occur on his property covering approximately two acres to about a one-foot depth. He contacted TDOT in Nashville. They sent a licensed geotechnical engineer to his property who fe lt the ponding was not a natural occurrence. The engineer suggested repairing a cavity that had opened in the front yard. When it was being backfilled, the truck and trailer almost caved in due to the amount of erosion that had occurred to the subsurface of the affected area. The City was notified of a water leak which they repaired. The fo llowing day, another cavity opened also due to erosion over an estimated period of one and a half to two years. Mr. Bott has written a letter to the City requesting help with geotechnical testing to determine the extent of the damage. Hi s underlying concern is whether there are any structural issues with his house or property. He requested Council help him resolve this issue. Ronnie Barger, 649 J.H. Fauver Road, Blountville, Tennessee has property that adjo ins the property of Mr. Bott. He has lived on his property all of his life and has never seen ponding water as Mr. Bott described until mid-August 2021. The water main was repaired in January 2022 and the water went away. John Linke, 1100 Georgia A venue, heard the City closed the skate park and is looking to open a new one. He grew up in New Jersey and was always looking for a place to skate and ride his BMX. When he moved here, he looked for property that would conducive for his chi ldren to skate and ride bikes so he was excited when the City opened the park here. He has passed the City park numerous times and has never seen any trouble. He encouraged the City to invest in the children in ways other than tennis, football, pickleball, etc., as there is another gro up of children that prefer to skate and ride bikes over the other main sports. As the City explores potential locations for the new park, he made some suggestions for Council to consider such as handicap accessibility / ADA compliance and maybe a shelter of some type for youth activities and meetings. Not everyone can afford the entry fee for Steele Creek and it is important for these youth to have a place to gather and have fun. Jim Jordan and his wife have li ved at 232 Colony Drive for the past 33 years. He thanked Council for their service in making Bristol a good place to live. He al so thanked Terry Napier for taking care of Steele Creek Park and all of the City parks. He appreciated the opportunity to speak about the future of Steele Creek Golf Course. He is thankful Council is backing away from repurposing the golf course to a campground. He has spoken with several homeowners in Steele Creek Co lony and they are all opposed to a campground. They are not opposed to an upscale campground, but rather are opposed to one in a residential area. They prefer the aesthetics of the green space to the asphalt, concrete, utilities, and bath houses necessary for a campground . They are also opposed to the possibility of increased drug and  City Council Meeting April 5, 2022 Page4of8 human trafficking which would create increased risks for ch ildren in the park and the surrounding neighborhood. The residents are in agreement to upgrading the hiking and biking trails, improving the pavement of the park roadway, parking lots, and trail around the lake. They would like to see the playground equipment upgraded / replaced. The area residents would like to see the golf course and driving range remain fo r the enjoyment of the ci ti zens and visitors. While the City subsidizes the golf course, they also subsidize all the other parks as they are available to the public at no cost. There is a minimal fee for the use of the golf course and driving range making it an option instead of higher cost members only clubs / courses thus providing a low-cost opportunity for local youth and senior citizens. ln add ition, the 9-hole course is playable in shorter time than the local 18-hole courses and is in a relaxed atmosphere making it a great place for beginners, youth, seniors, and families to play. Val Kosmider, 19 Ashworth Court in Johnson City, came to represent the Boone Lake Association. He spoke to Council at the October 202 1 meeting and requested Council use a portion of the TVA Economic Impact Payments created by the Boone Dam Repair Project to fund a portion of the purchase of a trash skimmer to be used on Boone Lake. There is a 75 % funding commitment and they have asked the City of Bristol, Tennessee to fund the last portion of the project. The City requested information from the financial audit of the Boone Lake Association which has since been completed and shared with the City. In the two years of working on this project, the cost has risen and the new request is for $36,250. He was presenting thi s information to Council to ensure their voice is heard and the proj ect is understood. He wanted distinguish it from other requests from non-profits to be considered for funding at the meeting on April 26th. The total project cost is $135,000 and the request is for Bristol to provide funding in the amount of $36,250. He also give some pictures to the Mayor to share. George Linke, 307 Rutledge Street, is excited about the new skate park. He grew up in the skate park area behind Vance Middle School and actively used that park while he was a teenager until it was taken down. He has a master degree in engineering and did hi s thesis on the entire manufacturing process from raw materials to the skateboard finis hed product. He is now affiliated with the Tony Hawk Foundation / Skatepark Proj ect. T hey have some resources available and he would like to facili tate open dialogue. He is trying to start a forum for alternative sports for interested parties in the community and he has set up a Skate Bristol page on Facebook. He will be emailing some information relative to this topic to each of the Council members. APPOINTMENTS: Bristol Housing Boa rd -City Council addressed the vacancy of two seats on the Bristol Housing Board. Councilwoman Feierabend spoke on behalf of Steve Willinger. Mr. Jeffrey Huff and Mr. Steve Willinger were unanimously appointed to the Bristol Housing Board to serve a term of office ending March 31, 2027. Hea lth and Educational Facilities Board - C ity Counci l addressed the vacancy of one seat on the Health and Educational Facilities Board. Counci lwoman Powers spoke on behalf of the candidate. Dr. Barry Hopper was unanimously appointed to the Health and Educational Facilities Board to serve an unexpired term of office ending June 30, 2023. Sullivan County Board of Equalization - City Council addressed the vacancy of one seat on the Sullivan County Board of Equalization. Councilwoman Feierabend spoke on behalf of the candidate and expressed appreciation for all the people who serve on the various boards. Mr. David Warren was  City Council Meeting April 5, 2022 Page 5 of 8 unanimously appointed to the Sullivan County Board of Equalization to serve a term of office ending April 30, 2024. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 22-2 - An Ordinance to Amend the Zoning Ordinance Chapter 2, General Provisions Related to Planning and Zoning, Relative to Application Procedures for Special Use Permits City Manager Bill Sorah summarized this ordinance and the one that follows are both Zoning Ordinance text amendments, are somewhat related, and were discussed during City Counci l's March 22nd work session. Ordinance 22-2 amends Section 217 of Chapter 2 to prohibit the applicant of a denied Special Use Permit from re-applying for a Special Use Permit on the same project on the same piece of property for a period of 180 days. This ordinance will be considered on first reading this evening and if approved, will be considered by the Planning Commission during their April 18th meeting. The Planning Commission will then provide their recommendation to City Council. If approved, a public hearing and second reading of Ordinance 22-2 will be placed on the May 3rd agenda. At the request of the City Manager, Ms. Cherith Young, Director of Community Development, reviewed the proposed language which adds Item 13 to the existing section on Special Use Permit. The amendment adds a limitation on frequency of applications for a Special Use Permit for the same project on the same property if an application is denied. Vice Mayor Turner motioned to approve and Councilman Hutton seconded. There was no discussion and Ordinance 22-2 passed unanimously by roll call vote. Ordinance 22-3 - Ao Ordinance to Amend the Zoning Ordinance Chapter 4, Business Districts, and Chapter 5, Industrial Districts, Relative to Permitted Zoning for Storage Unit Facilities The City Manager mentioned this item is somewhat related to the previous ordinance and was also discussed at the March 22nd work session. Special Use Permits are allowed in the B-3 district for storage facilities. The B-3 zone is a lot of our commercial districts, especially in the major corridors. Counci l has requested potentially removing the Special Use Permits by amending Chapter 4 and assigning the use for storage facilities by right in an M-1 or M-2 district. If Ordinance 22-3 is approved on first reading, the matter will be presented to the Planning Commission during their April 18th meeting. This will allow the Planning Commission an opportunity to provide a recommendation to Council. The matter will be brought back to Council during the April 26th work session. If approved on first reading, there will be a public hearing and second reading of the ordinance during the May yd business meeting. Ms. Cheri th Young, Director of Community Development, reviewed the amendment. As proposed, it deletes the warehouses item from the B-3 zones as a Special Use Permit item and adds it as a permitted use in the M-1 and M-2 di stricts, which are the light industrial and the general industrial zoned districts. She presented maps showing the locations of the M-1 and M-2 zones and some of the B-3 zones in the City so Council would have a better understanding of what areas would be impacted. Vice Mayor Turner stated in looking at these maps there is more within the City than he realized. Mayor Luttrell agreed this brings a different light to the situation and it needs more consideration. Councilwoman Feierabend said this highlights some areas that Council needs to look at rezoning. Some areas were industrial from many years ago and whatever is on those parcels would be grandfathered in, but may need to be reviewed in conjunction with the Comprehensive Plan. Counci lwoman Powers  City Council Meeting April 5, 2022 Page 6 of8 mentioned something that always needs to be considered is that zoning is fluid. As properties change and uses change the current zones need to be evaluated to determine if they are still appropriate for that area. Vice Mayor T urner motioned to approve and Councilman Hutton seconded. T here was no further discussion and Ordinance 22-3 passed unanimously by roll call vote. B. Adoption of New Ordinan ces (Second Reading): None C. Resolutions: None CONSENT AGENDA: City Manager Sarah presented the Consent Agenda to Council. Counci lwoman Feierabend motioned to approve and Councilwoman Powers seconded. The following items were approved by unanimous Council roll call vote: • Minutes March 8, 2022 City Council Meeting • Minutes March 10, 2022 City Council Called Work Session • Minutes March 12, 2022 City Council Called Work Session • Minutes March 22, 2022 City Council Work Session • Resolution 22-24 A Resolution Awarding a Bid for Pavement Markings for King College Road and East Cedar Street • Resolution 22-25 A Resolution Awarding a Bid for Purchase of Uti lity Terrain Vehicle for the Po lice Department • Resolution 22-26 A Resolution Awarding a Contract for Financial Auditing Services • Resolution 22-27 A Resolution Awarding Bid for Trailer-Mounted Tack Distributor • Resolution 22-28 A Resolution Approving an Addendum to the Administrative Services Agreement with RxBenefits, Inc. • Resolution 22-29 A Resolution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP fo r Legal Fees CITY MANAGER'S RE PORT : City Manager Sorah reminded Council of the called work session on Thursday, April 12th at 11 :00 A.M. in the Annex conference room to hear a proposal for a regional economic development organization. The regular work session will take place on April 26th at 10:00 A.M. and will focus on the FY2023 budget along with some additional items. He reminded everyone of the Pinty' s Truck Dirt Race on April 16th and the Food City Dirt Race under the lights on April 17th. There will also be an Easter Celebration  City Council Meeting April 5, 2022 Page 7 of8 at Bristol Motor Speedway at 4 P.M. that Sunday afternoon. Significant work is underway along East Cedar Street and is progressing rather quickly between Florida and Virginia A venues. The annual street repaving efforts have commenced. Work is currently underway on East State Street and King College Road with milling and paving taking place. Repairs are in progress at the Shelby Street parking lot along with the general spri ng cleanup such as repainting, restriping, and replanting. BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, thanked Council for their participation in school activities over the recent weeks. The Book Bus has already benefited over 700 families. The system now has a beautifully wrapped bus that will be retrofitted with book carts and air conditioning which will make things more comfortable when the bus delivers books to the students this sum mer. She expressed appreciation for the partnership with the Bristol Public Library on this project. The school system has recently been named a Reading 360 Model District, which is a state designation, for their work in early literacy. Work on career technical education continues as renovations are underway at the Friendship Career Center. The Viking Academy will hopefully be able to move there in August. Those announcements have resulted in traction and lots of community partners who want to join in that endeavor and support the students, all of which help to support economic development. The Tennessee Middle School is working on the parking lot and a new footba ll field, track, and field house with the possibility of an infield baseball practice facility. There is an updated Viking Hall floor. Dr. Barry Wade has been recognized as Tennessee Athletic Coach of the Year. The end of the school year is coming up and testing is underway. The second annual staff appreciation initiative wil l be observed in the month of May with drawings and recognition of staff and teachers. Councilman Hutton asked about the new football coach and Dr. Tudor gave some background information on Coach Josh Holt. CITY COUNCIL COMMENTS: Counci lwoman Feierabend thanked the City staff for al l they do and specifically mentioned Hollie Verran as it is budget season again. The Councilwoman has been learning more about Fair Housing and commented there are many community organizations that work with the City to help people find housing. She likes to see community engagement and she has been seeing a lot of that with the Bristol Virginia Landfill issues and the skate park. It is good to see people step up and share their ideas. Vice Mayor Turner thanked Wes Ritchie, Director of Public Services, for helping to put up the blue lights in the downtown area for Autism Awareness. Councilwoman Powers thanked Terry Napier for working in conjunction with Believe In Bristol in building the downtown sound system which should be implemented soon. The Birthplace of Country Music (BCM) Fun and Farm Time continues to partner with PBS with more announcements to come. BCM was able to secure an eleven-page full-color spread in the prestigious Okra Magazine. Passes for Rhythm and Roots are on sale now. Explore Bristol, our destination marketing organization, has done a tremendous job on getting the word out and the data points have been exceptional. She had the opportunity to see what goes on in the Family Resource Center. Kay Ward is passionate about serving the students and their families. Councilwoman Powers commended Cherith Young on the great job she is doing and is looking forward to working more closely with her in the future. She thanked Wes Ritchie for all he does with Public Works. Workforce development is on the minds of everyone and is critical  City Council Meeting April 5, 2022 Page 8 of 8 for our success. She summed up that Bristol truly is a good place to live. There is still lots of work to do, but they are hopeful to be able to finance on-going work as well as new projects as they work through the budget for FY23. Counci lman Hutton thanked Or. Tudor for showing the Viking Academy to Counc il and for the tour of the Friendship Career Center. It is a great example of public / private partnership. Mayor Luttrell said it is always good to see Sullivan County Commissioner David Akard at the Council meetings and appreciates his participation. T here are so many good things going on and the Mayor feels the City of Bristol is a pacesetter. He, along with City Manager Sorah and Police Chief Matt Austin, had the privilege to speak to the Government Class at Tennessee High School. It was very rewarding and encouraging to interact with the young and talented students who will be following behind us. There being no further business, the meeting was adjourned at 8:34 P.M. /n~cf_~ Mahlon Luttrell, Mayor