City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING November 1, 2022 CALL TO ORDER: The City of Bristol, Tennessee City Counci l meeting was called to order by Mayor Mahlon Luttrell on Tuesday, November 1, 2022 at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Mahlon Luttrell. Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, Counci lman Hutton, and Councilwoman Lea Powers. Others Present: City Manager William Sarah, City Attorney Danielle Smith, City Recorder Mary Lee Williams, Director of Planning Cherith Young, Director of Parks and Recreation Terry apier, Fire Chief Mike Carrier, Director of Economic Development Tom Anderson. Director of Community Relations Jon Luttrell, Director of Finance Hollie Verran, Senior Director ofIT Shane Varney, Director of Public Services Wes Ritchie, Director of Engineering Brian Ramsey, and other members of City staff. INVOCATION AND PLEDGE OF ALLEG IANCE: Councilman Mark Hutton gave the invocation and Councilwoman Margaret Feierabend 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 26, 2022 as Small Business Saturday. Maggie Ell iott, Executive Director of Believe In Bristol, was in attendance to accept the proclamation and thanked City Council for their support. She spoke about the importance of supporting our local merchants through Small Business Saturday and emphasized that sixty-eight cents of every dollar spent at a small business stays local. She also reviewed the special events coming up in the downtown area during the holiday season. PRESENTATIONS: None BOARD OF EDUCATION LI AISON REPORT : Director of Schools Dr. Annette Tudor thanked Council for attending the community reveal of the Friendsh ip Career Center and for their consideration of the median access to the Center later on this agenda. Registration has opened for the Dale Burns Youth Sports Program with approximately 450 elementary students al ready registered. The family resource center is in full swing to assist families in need during the holidays . A total of thirteen new reading buddies have been added from the Bristol Tennessee Police Department. An adaptive bowling event is coming up later in November which allows area special needs students an opportunity to participate in the fun . She listed several accomplishments of the student body in athletics and band.  City Council Meeting November 1, 2022 Page 2 of 8 PUBLIC HEARINGS: Ordinance 22-14 - An Ordinance to Amend th e Zoning Ordinance Chapter 4, Business Districts, and Chapter 5, Industrial Districts, by Moving Certain Permitted Uses (Truck Terminals and Wrecker Services) from General Commercial to Industrial Districts Ci ty Manager Bill Sarah menti oned that over the past several months, Council and the Bristol Regional Planning Commission have reviewed conditions within the zoning ordinances, especially B-3 (General Business) District where use by rights mi ght not be a desirable outcome along some of the commercial corridors. At their September 19th meeting, the Planning Commission voted unanimously to forward a recommendation to Council that truck terminals and wrecker services be removed from the B-3 zone as these are no longer consider appropriate for the main commercia l corridors in the City, and placed in the M-1 and M-2 zones. The City Manager asked Cherith Young, Director of Planning and Community Development, to provide additional information. Ms. Young explained this has been a discussion point for the Planning Commission as they look to refine the B-3 permitted use list governing the permitted uses along the commercial corridors. This request is for minimal change in terms of the language. The proposed text amendment eliminates truck terminals and wrecker services as permitted uses from the B-3 zone and amends Chapter 4, Busi ness Districts, and Chapter 5, Industrial Districts, to maintain them in the industrial zones. The Planning Commission voted unanimously to send a favorable recommendati on for approval to Council. Councilwoman Powers commented the Planning Commission has been reviewing the appropriateness of various businesses in different zones as well as the aesthetic aspects. She asked how the proposed changes would affect the existing businesses in the 8-3 District. Ms. Young replied any existing business fitting these descriptions would be considered a nonconforming use and would be able to exist, but new instances would not be created in the 8-3 zone. Counci lwoman Powers the asked if the current owner of one of these existi ng busi nesses decides to sell , would the new owner be able to continue with the existing business use in the B-3. Ms. Young said yes. they wi ll as the State has a protective clause for nonconforming commercial businesses for thirty months where they would be protected if the use changed hands and they would be protected in the transfer of ownership. Additional discussion took place concerning the fencing referenced in the proposed text. There were no further comments and the public hearing was closed. APPEARANCE OF CITIZENS: Mr. Edward Caggiano, 1844 Volunteer Parkway. spoke about the proposed median closing on the Volunteer Parkway at Cemetery Road. He stated the closing of the current opening will present an inconvenience to those utilizing Cemetery Road who wish to drive toward Bristol, requiring them to drive west to the next opening and make a U-turn before being able to drive in the proper direction. It is a minor inconvenience, but still an inconvenience. George Linke, 307 Rutledge Street, gave a general update from the skate community which included information on a benefit concert November 5th with all proceeds going to the skate park fund. He listed additional fund raising events scheduled in the near future. The skate community is doing these events to help be good stewards of the skate park. There is regional interest for Bristol to have a skate park with support coming from Boone and Asheville, North Carolina as well as Kentucky. They are also going to apply for a grant from the Tony Hawk Foundation which could be a significant amount. In  City Council Meeting November 1, 2022 Page 3 of 8 addition, there are a group of people that would like to speak with someone concerning possible annexation into the City. APPOINTMENTS: Board of Zoning Appeals - City Council addressed the vacancy of one seat on the Board of Zoning Appeals. Councilwoman Feierabend and Mayor Luttrell spoke on behalf of the candidate. Mr. Bryan Strickland was unanimously appointed to the Board of Zoning Appeals to serve a term of office ending September 30, 2026. Health and Educational Facilities Board - City Counci l addressed the vacancy of two seats on the Health and Educational Faci lities Board. Council woman Feierabend and Mayor Luttrell spoke on behalf of the candidates. Mr. Wes Walker was unanimously appointed, and Ms. Kayren Farmer was appointed, by a vote of four to one, to the Health and Educational Faci lities Board to serve a term of office endi ng June 30, 2028. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 22-15 -An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-1B (Neighborhood Shopping/ Office Zone) (1015 Anderson Street) City Manager Bill Sorah summarized the owner of property located at 1015 Anderson Street has requested a portion of the property be rezoned from R-E (Establi shed Residential Neighborhood) to B- l B (Neighborhood Shopping/Office Zone). The property is currently spilt zoned with the portion of the property fronting Broad Street being zoned as 8-1 B and the porti on fronting Anderson Street being zoned R-E. The owner is requesting a larger area of the portion of the property fronting Board Street to be rezoned as 8-1 B to accommodate an expansion of the commercially developable portion of the property. Mr. Bryan Boyd, owner of the property, was present. T he City Manager asked Cheri th Young, Director of Planning and Community Development, to provide additional information. Ms. Young presented slides of the property and the surrounding area and detailed the zoning of each. She stated the owner has also submitted a subdivision plat for the property realigning the property with the zoning boundaries which staff is ready approve, pending approval of the proposed rezoning currently before Council. Approval of the rezoning will allow for future commercial expansion in the 8-1 B zone on the Broad Street side of the property. Ms. Young reviewed the permitted uses in the current and proposed zoning. She presented pictures of the property and the surrounding parcels and discussed the area from the perspective of the Future Land Use Map, which supports the request for rezoning to 8-1 B. The public was notified of this meeting, as well as the Planning Commission meeting in October, via signage and letters were sent to the property owners adjacent to the subject property. To date, there has been no form of public comment. Planning Commission reviewed this request at their October 17 1h meeting and voted unanimously to forward a favorable recommendation to Council. Councilwoman Powers motioned to approve and Counci lman Hutton seconded. Ordinance 22-15 passed unanimously by roll call vote.  C ity Council Meeting November 1, 2022 Page 4 o f 8 Ordinance 22-16 - An Ordinance to A mend the Zoning Map of Bristol, Tennessee by Designating Certain Property as 8 -3 (General Business Zone) (1225 Volunteer Parkway / 1865 Holston Drive) The City Manager commented this request was also owner-initiated. The owner o f property located at 1856 Holston Drive has requested the rear portion of their property, currently zoned as R-1A (Low Density S ingle Fam ily Residential), be rezoned as B-3 (General Business). In addition, the owner of property located at 1225 Vo lunteer Parkway would like to rezone the rear portion of their pro perty as B- 3. This cleans up an issue where the warehouse building at 1225 Volunteer Parkway has extended outside o f the zoning district and onto to adjacent property of 1856 Holston Dri ve. Both property owners desire to clean this up to confo rm to zoning regulations. The Bristol Regional Planning Commission considered the matter during the ir October 171h meeting and unanimously voted to fo rward a favorable recommendation. If approved on first reading, a public hearing and second reading wi ll be scheduled during the December meeti ng o f Council. The City Manager asked Cheri th Young, Director of Planning and Community Development, to detail the request. Ms. Young mentioned that as with the request earlier on the agenda, the owners have submitted a subdivision plat that is pending review which will clean up thi s property and ensure the existing building is located on its own parcel with commercial zoning in pl ace, if the rezoni ng is approved. No further construction is planned for either parcel. She presented slides detailing both of the subject properties, the surrounding area, and the zoning of each along with permitted uses. Council woman Powers requested she point out the location of the Bank of Tennessee to help with orientation. From the Future Land Use Map perspective, this is an area where the general commercial land use and low density residenti al land use meet. Staff feels given the parameters of the rezoning request, the request warrants consideration and sent staff recommendation to the Planning Commission for a favorable vote. The public was notified of this meeting via signage and letters were sent to the property owners adjacent to the subject property. To date, two comment sheets have been received fro m adj acent property owners in support o f the rezoning request. The Bristol Regional Planning Commission considered the matter during their October 171h meeting and voted unan imously to forward a favorable recommendation. Vice Mayor V ince Turner motioned to approve and Councilwoman Powers seconded . Councilwoman Powers expressed appreciation to the Planning Commission, Plann ing Department, and Cherith Young for working to help clean up this issue and helping put this building to great use. Ordinance 22- 16 passed unanimously by roll call vote. Ordinance 22-17 - An Ordinance to Amend the Zoning Ord inance to Include T riplexes and Quadplexes as Pe rmitted Uses in Certain Zones The City Manager reviewed that an ini tiative of City Council and the Planning Commission over the last several years has been to increase residential housing inventory. The Planning Commission has considered options fo r allowing the construction of triplexes and quadplexes in commercial zones supporting neighborhoods such as the B-1 A and B- 1B di stricts. Multi- fami ly units are permitted in those areas and tri plexes and quadplexes would be a new permitted use. T he City Manager requested Cherith Young, Director of Planning and Community Development, to detai l the proposed amendment. The Planning Commission unanimously voted to forward a favorable recommendation to permit these structures as a use by right withi n the commercial distri cts. If approved on first reading, a public hearing and second reading wi ll be scheduled during the December meeting of Council. Ms. Young commented that over the past several months the Plann ing Commission has discussed increasing options for both developers and citi zens in need of housi ng in our C ity. In the process of  City Council Meeting November 1, 2022 Page 5 of 8 seeking new possibilities, they came across the idea of additional units being provi ded in a way to complement neighborhoods by adding triplexes and quadplexes to a zone such as the B-1 A or B- l B which is the subject of this proposed amendment to the zoning ordinance. Thi s ordinance amends Chapter 2, which is the definition section, and Chapter 4, which is the business di strict section . Ms. Young explained the addition of triplexes and quadplexes and their definitions to Chapter 2. The verbiage refers to structures constructed after the effective date of this ordinance so no one would be able to transition from a single fami ly home or duplex into add itional units after the fact. The desire of the Planning Commission was to ensure the triplexes and quadplexes would be constructed according to code and therefore, meeting the building code and the zoning ordinance. Ms. Young detailed the proposed amendments to C hapter 4 and includes in which zones they would be permitted, space req uirements, and density requirements. The Bristol Regional Planning Commi ssion considered the matter during their October 171h meeting and voted unanimously to forward a favorable recommendation to Council. Councilman Hutton motioned to approve and Mayor Luttrell seconded. Councilwoman Powers felt M s. Young did a good job of explaining the proposed changes and then made additional comments on some of the specific details. Ordinance 22-1 7 passed unanimously by roll cal l vote without further discussion. B. Adoption of New Ordinances (Second Reading): Ordinance 22-14 - An Ordinance to Amend the Zoning Ordinance Chapter 4, Business Districts, and Chapter 5, Industrial Districts, by Moving Certain Permitted Uses (Truck Terminals and Wrecker Services) from General Commercial to Industrial Districts T hi s item was summarized during the public hearing earlier this evening. Vice Mayor Turner motioned to approve and Councilwoman Powers seconded. There was no discussion and Ordinance 22-14 passed unanimously by roll call vote. C. Resolutions: Resolution 22-125 - A Resolution Authorizing the Closing of Cemetery Road Median Opening on Volunteer Parkway City Manager So rah said that as discussed during the October 25 1h work session, staff has requested the Tennessee Department of Transportation (TOOT) to permit the construction of a new median open ing on US 11 -E to facilitate safe access to the new Vik ing Academy CT E fac ility at 1855 Volunteer Parkway. TOOT regulations require a minimum of 330 feet of separation between median openings. Therefore, in order to construct the new median opening fo r Viking Academy, the Cemetery Road opening will need to be closed. TOOT has a process established for the public to provide input into the location of median openi ngs. T heir process is basical ly two steps. It involves direct comment from adjacent property owners. If all adjacent property owners agree to the closing of the median, the public comment phase of the permit process is satisfied. If the property owners do not provide unanimous consent, the local governing body is required to approve a reso lution indi cating their desire to relocate the median opening and the basis for their decision. Resolut ion 22- 125 satisfies the requirement or the local governing body's formal request or TOOT to close the Cemetery Road median opening on Highway 11-E and requests the appro val of a new median opening at 1855 Volunteer Parkway. Brian Ram sey, C ity Engineer and Director of Engineering, was  City Counci l Meeting November 1, 2022 Page 6 of8 present and has conducted some traffic study such as traffic counts associated with the new CTE faci lity and counts on Cemetery Road. Mr. Ramsey stated that after the new CTE faci lity was opened, Bristol Tennessee City School (BTCS) system requested the Ci ty look at the site to check for safety of the ex isting conditions on the roadway at the current entrance. The engineering review took into consideration the overall site location, current median openings, turn lanes, and current entrances and performed a traffic study at Cemetery Road. In formation was also received from the schoo l system regarding current traffic coming to the CTE and the projected future CTE traffic. The traffic count for Cemetery Road for a five-day period showed a daily average of 29 vehicles with 99% being cars with an occasional delivery truck for an approx imate total of 40 to 50 vehicles daily at Cemetery Road. Th is did not include vehicles using the median opening for U-turns. T he numbers from the school system showed 18 buses and vans with maximum capacity as high as 50 passengers in addition to other vehicles for students, parents, and faculty for a total average of 83 vehic les per day. This represents a larger number of vehicles entering the CTE faci lity property in comparison to the traffic at Cemetery Road as well as the vehicles at the CTE being approximately 20% larger vehicles. Th is count did not include vehicles turning into the car dealership which shares the same entrance as the CTE faci lity. Mr. Ramsey further detailed the site plan of proposed changes and the TOOT requirements and process. Staff recommends approval of the median changes to provide for safer vehicular access to the new Viking Academy CTE facility. Mayor Luttrell mentioned when he visited the faci lity earlier, he noticed an area that is not complete and asked Dr. Tudor if she anticipates the traffic to increase substantially upon its compl etion. Dr. Tudor replied that section is set up for the HY AC program which wi ll begin soon and could potentially add upwards of 60 students per day. Mr. Ramsey added he failed to mention the buses currently have to go to the Avoca Road intersection to make a U-turn in order to access the school entrance. Councilwoman Powers commented there is a huge ditch at Avoca Road and asked if that could be addressed in some way in during the median / tum lane reconfiguration. Mr. Ramsey said that is a possibility, but would need to be discussed with TOOT and the Street Division of the C ity. Councilwoman Powers pointed out there will be an increase of young drivers in this area. T here was additional discussion about increased traffic flow, the potential addition of a traffic signal, and the proposed changes for the traffi c utilizing Cemetery Road . Mr. Edward Caggiano, who expressed concern about closing the median at Cemetery Road during the public comment period earlier, spoke again from the audience but without a microphone. Mr. Ramsey summarized for the public record that Mr. Caggiano wanted to reconfirm that a traffic study needed to be performed to see if a traffic signal would be warranted at the Cemetery Road intersection. Mr. Ramsey replied to Mr. Caggiano that the current traffic flow did not warrant a traffic signal at this time, but as the traffic increases one could be warranted in the future and the City wi ll monitor the situation. Vice Mayor Turner motioned to approve and Councilman Hutton seconded. Councilman Hutton commented that after visiting the facility , he feels making these median adjustments is critical. Councilwoman Powers added that as traffic continues to increase it is reasonable to do more traffic studies to ensure the appropriate traffic signals are where they should be. There was no further discussion and the resolution passed unanimously by roll call vote.  City Council Meeting November 1, 2022 Page 7 of 8 CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Counci l. Councilwoman Powers motioned to approve and Councilwoman Feierabend seconded . The following items were approved by unanimous Council roll call vote: • Minutes October 4, 2022 City Council Meeting • Minutes October 25 , 2022 C ity Council Work Session • Resolution 22-126 A Resolution Awarding Bid for Purchase of Police Vehicle Equ ipment • Resolution 22- 127 A Resolution Authorizing Participation in the Publ ic Entity Partners "Safety Partners" Match ing Grant Program • Resolution 22- 128 A Resolution Authorizing Entry into Engineering Services Agreement with J.R. Wauford for Improvements to the 11- W Area Water Di stribution System • Resolution 22-129 A Resolution Adopting Amendment #5 to the City of Bristol Tennessee Group Health P lan • Resolution 22-130 A Resolution Authorizing Acceptance of a Time Extension Supplement to a Professional Services Agreement with Mattern & Craig (East Cedar Improvements) • Resolution 22-131 A Reso lution Authorizing an Annual [nflati on Adj ustment to Financial Assurance Agreement City of Bristol Demolition Landfi ll • Resolution 22-132 A Resolution Authoriz ing Payment to Troutman Pepper Hami lton Sanders LLP for Legal Fees CITY MANAGER'S REPORT: City Manager Sorah reminded Council of upcoming events, beginning with an attorney-client meeting tomorrow at 8:00 A.M. with Troutman Pepper. Thursday, November 3rd at 7:00 P.M. is the HOPE for Bristol and the Bristol Ministerial Association Community Meeting regarding the Bristol Virginia Landfi ll held at the Bristol Train Station. Saturday, November 5 th is the Veteran's Day Parade at 10:00 A.M. downtown. Tuesday, November 15ll1, the IDB wi ll host Mark Mamantov at Noon in the Annex. He will be present to discuss the powers authorized by statute for the IDB and it would be good for Council to participate. Monday, November 215\ Christmas Open House in the downtown. Monday, November 28 1h is the annual Christmas Tree Lighting downtown . Tuesday, November 291h at 5:00 P.M. is the City Council work session which was moved from the fo urth Tuesday to the fifth Tuesday due to the Thanksgiving holidays. Thursday, December 1st is the annual downtown C hristmas Parade. The City Manager congratulated Director of Economic Development Tom Anderson and staff for successfull y securing the State [ndustrial Access Grant through TDOT for the extension of Pinnacle Parkway to Walnut Hill Road. This was in large part due to Project Spirit and the growth in that area which helped move this project forward.  C ity Council Meeting November 1, 2022 Page 8 of 8 CITY CO UNCIL COMMENTS: Councilwoman Powers reminded everyone Tuesday, November gth is Election Day and she encouraged everyone to vote. She reviewed some of the special events mentioned by the C ity Manager and listed others. She encouraged people to visit the website and Facebook page for Explore Bristol and talked about tourism. She is excited about the Veterans Day Parade and hopes there is a great turnout. She then wished everyone a blessed and Happy Thanksgiving. Councilwoman Feierabend also talked about the election and encouraged everyone to participate. She encouraged everyone to find ways to support those in our community who are in need this holiday season. Counci lman Hutton acknowledge the commissioners and others who were attendance. Mayor Luttrell expressed appreciati on to the citizens who serve on the boards and commi ssions. He thanked all of staff for the hard work they perform and the professio naJi sm shown every day. He commented on the progress being made on some of the construction proj ects in the City and reassured the residents Council will continue to work toward resolution of the Bristo l Virginia Landfi ll issues. There be ing no further business, the meeting was adjourned at 8: 14 P. M.