City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING April 4,2023 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Vince Turner on Tuesday, April 4, 2023, at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Vince Tumer, Vice Mayor Mark Hutton, Councilman Mahlon Luttrell, and Councilwoman Lea Powers. Others Present: Interim City Manager Tom Anderson, Deputy City Recorder Velma Witte, Director of Planning Cherith Young,Director ofParks and Recreation Terry Napier, Fire ChiefMike Carrier, Director ofFinance Hollie Verran, Director ofCommunity Relations Jon Luttrell, IT Manager Greg Cross,Public Services Manager Wes Ritchie, Utility Services Manager Will Witcher, Director of Operations Dave Wilson, Community Development Specialist Christina Blevins, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Vice Mayor Mark Hutton gave the invocation and crew members of the submarine USS Tennessee led the pledge of allegiance. AGENDA ADDITIONS AND / OR CHANGES: Interim City Manager Tom Anderson stated there was one late addition to the agenda, Resolution 23-36, and it will be read during the Consent Agenda. PROCLAMATIONS AND RECOGNITIONS: Navy Week - Vice Mayor Mark Hutton read a proclamation designating April 3-9,2023, as Navy Week. Lieutenant Andrew Steinmetz, MMNl Matthew Stegall, ETNl Kevin Van Atta, CSS2 Brandon Bryan, from the submarine USS Tennessee and Lieutenant Commander Kevin Chambers from the Navy Office of Community Outreach were in attendance to accept the proclamation. Lieutenant Steinmetz thanked Council and the City for the warm welcome they received upon their arrival and appreciate the overwhelming support for the military from the community, which is not the case everywhere anymore. He and the other sailors present were honored to accept the proclamation on behalf ofthe USS Tennessee and her crew. The USS Tennessee is a nuclear ballistic missile submarine,a fully functioning missile silo on a fully functioning nuclear submarine. If the USS Tennessee were an independent nation, it would be the fourth most powerful nuclear nation in the world. The readiness they maintain is a continuous threat to our enemies. It is an ultimatiun that if they decide to launch a nuclear strike against the United States, the USS Tennessee will respond with swift and guaranteed nuclear retribution resulting in a complete and total annihilation of the hostile country. However, their primary mission is to preserve peace through nuclear deterrents. Working on a submarine is a tough job, being underwater for months at a time without seeing the sun and not communicating with their families requires a mentally tough sailor to make those daily sacrifices. This proclamation helps them know they are recognized and appreciated by the people back home is a boost to their morale and renews their motivation to continue to do their jobs. He wished Council and the City the best in all future endeavors.  City Council Meeting April 4, 2023 Page 2 of9 Public Safety Telecommunicators Week - Vice Mayor Mark Hutton read a proclamation designating April 9-15, 2023, as National Public Safety Teleconununicators Week. Ms. Crystal Key, 911 Director / Communications and Records Manager was in attendance to accept the proclamation. The Public Safety Communicators are a very important part of the City's response team, and they take their role very seriously. On behalfof her staff, Ms. Key thanked Council and the City for the recognition. Start by Believing Day - Councilwoman Lea Powers read a proclamation designating April 5, 2023, as Start By Believing Day. Brittany Fleenor, Coordinated Community Response Specialist, of the Branch House / Sullivan Coimty Family Justice Center was in attendance to accept the proclamation. She thanked Council and the City for the proclamation. In March 2020, they partnered with Ballad Health to open a sexual assault exam room. This is the only non-hospital facility that performs this type ofexam within a 100-mile radius. Since its opening, the nurse examiners have performed forty sexual assault exams for victims in and around Sullivan County. The initial disclosures of sexual assault are usually made to a friend or a trusted family member and response to those disclosures is critical. Research shows that only one in five of sexual assault victims report the crime to law enforcement, so this means these victims are not receiving the encouragement and support they deserve. The Start By Believing Campaign is to remind the commumty to keep in mind if someone discloses to you they have been assaulted, your response can help lay a healthy and positive foundation for their path to healing and remove the stigma surrounding sexual assault, creating an environment where victims feel safe to come forward. Autism Awareness & Acceptance Month - Mayor Turner read a proclamation designating April 2023 as Autism Awareness & Acceptance Month. Ms. Sarah Phillips and Ms. Caroline Sullins were in attendance to accept the proclamation. Ms. Sullins thanked the City and Council for the proclamation to bring awareness about Autism Spectrum Disorder(ASD)and acceptance to our community. She shared about her three-year-old son, Austin, who was diagnosed with Autism about one year ago. His Autism presents in various ways, primarily in his lack of social and communication skills as well as delayed physical development and a variety of sensory needs. He is non-verbal, but not silent. He sometimes is unsure of how to play with toys or interact with other children or adults. He needed physical therapy to leam to run and jump. Over the course of his life, the family has engaged in many of the services the commumty has to offer which have helped him to grow by leaps and bounds in some areas. She is forever grateful for the village that surrounds her son that will help him become the best version of himself. She asked Council to continue to look for opportunities to include all people in social and community events. Autistic children of today become Autistic adults of tomorrow. Patiently educating, providing inclusive opportunities for engagement, and demanding inclusive hiring practices will help sure the Autistic children oftoday become the community leaders of tomorrow. Fair Housing Month - Councilman Mahlon Luttrell read a proclamation designating April 2023 as Fair Housing Month. Mr. Steve Willinger, Community Development Advisory Committee Chair, was in attendance to accept the proclamation. Mr. Willinger is also a realtor and read four commitments that realtors make to fair housing. They strive to celebrate differences and take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law. He thanked the City for celebrating fair housing. Donate Life Month - Councilwoman Lea Powers read a proclamation designating the month of April 2023 as Donate Life Month. Mr. Nick Shepherd, Extemal Affairs Coordinator for Tennessee Donor Services, was in attendance to accept the proclamation. Mr. Shepherd thanked the Mayor and Council for the proclamation and explained there are 100,000 people on the national waiting list for a life saving transplant with 3,000 being Tennesseans and 2,500 being Virginians. More than one hundred people are  City Council Meeting April 4, 2023 Page 3 of9 saved each day when someone registers to become an organ donor. Unfortunately, about twenty people die each day while waiting for a transplant. He encouraged everyone to research the process and consider becoming an organ donor and save lives. Councilwoman Powers stated she is a sister of one of those twenty people that passed away while waiting on an organ donor. While it is a personal decision, she asked for everyone to consider becoming an organ donor as they are real people with real families. Week of the Young Child - Councilman Luttrell read a proclamation designating April 1-7, 2023, as Week ofthe Young Child. Heather Logan,Community Engagement Specialist ofSTRONG Accountable Care Commimity (ACC), Executive Director Melissa Roberts and Parenting Program Coordinator Samantha Gray from Appalachian Promise Alliance (formerly Bristol's Promise), and Ashleigh Stocton for Save the Children Action Network were in attendance to accept the proclamation. Ms. Logan shared information on the STRONG ACC coalition and the areas they serve and that their main goal is to improve the social, physical, and economic well-being of children in our region and encourage a healthy community. She talked about the Bright Start Initiative and the April 26^ Regional Childcare Summit and encouraged everyone to attend. Arbor Day / Earth Day- Mayor Turner read a proclamation designating April 28,2023, as Arbor Day / Earth Day. Mr. Jeremy Stout, Nature Center Manager / Naturalist, was in attendance to accept the proclamation. PRESENTATIONS: None BOARD OF EDUCATION LIAISON REPORT: Director of Schools Dr. Annette Tudor referenced the school shooting in Nashville, Tennessee last week and wanted to publicly mention this school district is committed to ensuring the students and staff are as safe as possible every day. She was in Nashville for a conference last week and heard the Tennessee Director of Homeland Security say two things are key to helping ensure the safety ofstudents and staff, one of which is secure buildings. She hopes during the FY 2024 Budget process the City will continue to commit to sharing costs for the SROs as they are valuable in many ways throughout the community. The other key is there are almost always warning signs / indicators / behaviors from the people who commit these heinous acts. The school system takes these threats seriously and they have threat assessment teams that meet frequently on students the systems deem at risk for a variety ofreasons, and partner with various resources to provide the appropriate support necessary to help those individuals within the schools. It is imperative that everyone pay attention to those signs including parents and community members. The school system also has an anonymous tip line which is available to everyone and is on the school website. It is called the Safe School Helpline which is on their home page and is accessed by clicking the icon. It is monitored 24/7 and evaluated by a third party who then passes the information to the school system to be investigated. It covers anything considered to be a threat such as bullying, theft, suicidal thoughts, and any type of violence. Kindergarten and preschool registration begin next week at all elementary schools and end ofschool year events are commencing. All schools will begin testing next week.  City Council Meeting April4,2023 Page 4 of9 PUBLIC HEARINGS: Ordinance 23-2- An Ordinance to Designate the Zoning of Property Newly Annexed Into the City ofBristol, Tennessee as PRD(Planned Residential District)(Ardent Development Group / Galloway -Fox Meadows) Interim City Manager Tom Anderson reviewed that at the March 7"^ meeting. Council approved the annexation ofapproximately 1.298 acres adjacent to the Fox Meadows subdivision on Beaver Creek Road. The property has a current Sullivan County zoning ofA-1 (General Agriculture / Estate Residential). They are requesting the property be zoned as PRD (Planned Residential Development)and R-2(Single-Family and Duplex District) which is consistent with the surrounding property. Cherith Young, Director of Community Development and Planning, explained this is the final step in the annexation process for this strip of land contiguous to Fox Meadows. She presented a map of the land being annexed showing the proposed zoning and the current zoning of the surrounding parcels and reviewed the details of the request. This is included in the Plan of Services and was approved on first reading along with the annexation request at the March 7, 2023, Council meeting. There were no comments, and the public hearing was closed. Ordinance 23-3 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as R-3(Multifamily)- Golf Street The Interim City Manager stated that Mr. Randy Moore,owner of property located at 1219 Golf Street, is requesting the property be rezoned from its current zoning designation ofR-2(Single-Family and Duplex Zone)to R-3 (Multifamily Zone). If approved, the owner plans to construct additional parking on the property to serve a multifamily development proposed for an adjacent site. He is currently constructing loft apartments within an existing structure he owns at 750 Lakeview Street which is currently zoned R- 3. Cherith Young, Director ofCommunity Development and Planning, presented a map ofthe site detailing the zoning ofthe subject property and the surrounding parcels. She further explained the request and that it provides support for the loft units he plans to construct on an adjacent site. She showed pictures ofthe subject property, surrounding buildings, and the neighborhood along with the Future Land Use Map which indicates the neighborhood will be developed as neighborhood commercial and supports the requested rezoning. The public was notified of the proposed rezoning with no response to date. The Planning Commission reviewed this request and voted unanimously to forward a favorable recommendation to Council for the rezoning. There were no comments, and the public hearing was closed. APPEARANCE OF CITIZENS: Mr. Daniel Jimenez,521 Tennessee Avenue, is proud to be living in this City and raising his family here. He is grateful for the opportunity to speak. In June of 2003, the City assisted him with the rehabilitation of his house which he could not afford to do. He qualified to receive homeowner rehabilitation Community Development Block Grant(CDBG)funding. There was a lien put on the property which would be forgiven after 360 months of installment payments. He consistently made the monthly payments. He is very grateful and wanted to come and express his appreciation in person instead ofjust writing a letter. From a personal viewpoint, this had a great impact on him and was a blessing to him and  City Council Meeting April 4, 2023 Page 5 of9 his family. In January ofthis year,the committee approved forgiveness ofthe deed oftrust for the CDBG. He has worked all his life, was blessed by the City and this program, and wanted to personally thank the City. APPOINTMENTS: None ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 23-4- An Ordinance to Abandon a Portion of Odessa Drive as Public Right-of-Way Interim City Manager Anderson explained in January of 2023, staff received a request from Mr. Thomas Davenport, Jr., on behalfofDr. and Mrs. Tom Green,owners ofthe property located at 105 Odessa Drive, to abandon a portion ofthe right-of-way(R-O-W)adjacent to their property. Their house is located on a tract of approximately 2.1 acres which was originally platted as five lots. To provide street access for the proposed five lots, an area for a cul-de-sac was carved out of the street frontage back into the property. Dr. and Mrs. Green were not aware ofthe existence of the cul-de-sac and a portion oftheir driveway and front portico extend into that portion ofthe R-O-W. Cherith Young,Director ofCommunity Development and Planning, presented pictures ofthe R-O-W,the cul-de-sac, and the surrounding properties and supplied additional information concerning the request. Dr. and Mrs. Green own the lots surrounding three sides of the cul-de-sac. Since the cul-de-sac is no longer necessary for street access and no other property owners are affected, the request is for the City to abandon that property to the line of Odessa Drive. The abandonment of the R-O-W was considered by the Planning Commission during their February 20*^ meeting and received a unanimous vote for favorable recommendation to Council. If approved on first reading, the issue will be placed on the May 2"*^ agenda for second reading. Councilwoman Powers motioned to approve Ordinance 23-4 and Councilman Luttrell seconded. There was no discussion, and the ordinance was approved by unanimous roll-call vote. Ordinance 23-5 - An Ordinance to Amend the Zoning Ordinance to add Full-Service Restaurants and Limited-Service Eating Places as Uses Permitted by Special Use Permit in the R-3(Multifamily) District The Interim City Manager mentioned that during the January and February meetings of the Planning Commission a discussion was held concerning the potential of a full-service restaurant / brewpub at the Golf Club of Bristol on Old Jonesboro Road. The primary zoning of the property is R-1A(Low Density Single Family Residential) with an approximately five-acre area near the tennis courts zoned R-3 (Multifamily Residential). This property is the site ofthe former Bristol Country Club that had a structure located in the R-1A zone which included a clubhouse, restaurant / bar, and golf pro shop. That structure has been demolished and removed from the property. This ordinance deals with a zoning text amendment. Cherith Young, Director of Community Development and Planning, explained this is the first reading for a zoning ordinance amendment to allow food service establishment in the R-3 zone with a Special Use Permit approved by the Planning Commission. Though this language could make a path for a brewpub or restaurant request for a Special Use Permit which would have to be approved by the Planning Commission,the request tonight is not for that particular property or for that particular business. The item  City Council Meeting April 4, 2023 Page 6 of9 tonight is only about adding language to the zoning ordinance that could enable someone to ask the Commission for a Special Use Permit. During the January meeting of the Planning Commission, Mr, Adam Woodson and Mr. Rick Armstrong spoke to the board conceming the possibility of constmcting a stand-alone full-service restaurant / brewpub on the Golf Club property, potentially in the R-3 zoned area ofthe property along Old Jonesboro Road. The language of the zoning ordinance does not allow for that type of use in the R-3 zone. At the February meeting, staff presented three possible actions that would allow the request to proceed. The Plarming Commission has considered those options and unanimously voted to forward a favorable recommendation to add food service uses as a Special Use Permit in the R-3 (Multi-family) zone. Ms. Young detailed the existing zoning ordinance and the proposed language amendment and emphasized that the amendment would require a Special Use Permit which requires approval by the Planning Commission. In general, there is a set ofseven criteria the Planning Commission must consider before issuing a Special Use Permit anywhere in the City. This amendment adds additional criteria such as road access,types ofbuilding materials that can be used, and architectural features, among others. Vice Mayor Mutton motioned to approve, and Councilman Luttrell seconded. Councilman Luttrell mentioned that as a member of the Planning Commission, this decision was not made quickly and the request for the amendment was studied in detail. Also, the potential request for the Golf Club property would put it back the way it was originally several years ago. It could be a great asset to the community. There was no further discussion and the ordinance passed unanimously by roll call vote. B. Second Reading of New Ordinances: Ordinance 23-2- An Ordinance to Designate the Zoning of Property Newly Annexed Into the City ofBristol,Tennessee as PRD(Planned Residential District)(Ardent Development Group / Galloway -Fox Meadows) This item was summarized during the public hearing earlier this evening. Councilwoman Powers motioned to approve, and Vice Mayor Mutton seconded. Ordinance 23-2 passed unanimously by roll call vote. Ordinance 23-3 — An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as R-3(Multifamily)- Golf Street This item was summarized during the public hearing earlier this evening. Vice Mayor Mutton motioned to approve, and Councilwoman Powers seconded. Ordinance 23-3 passed unanimously by roll call vote. C. Resolutions: Resolution 23-29 — A Resolution Expressing the City's Commitment to Funding Upgrades Necessary to Create a New Home for the Bristol State Liners at Whitetop Creek Park Interim City Manager Anderson summarized in February of2020, City Council approved Resolution 20- 9 formalizing their support for the continued operation of Appalachian League Baseball. At the February 2023 work session, there was discussion about the potential ofa public-private paitnership in the development ofa new baseball facility at Whitetop Creek Park. The proposed facility will serve as the home stadium for the Bristol State Liners, an affiliate team of the Appalachian League. In addition, the venue could serve as a game day stadium for Bristol, Tennessee school baseball teams and host other outdoor events such concerts and others.  City Council Meeting April 4, 2023 Page 7 of9 During the March work session staff presented a proposal to Council for converting one of the fields at tlie City's Whitetop Creek Park into a field suitable for Appalachian League play, high school play, and concerts, including the amenities necessary for such events. Presently, the cost of the proposal is anticipated to be approximately $7,000,000, with $2,000,000 of the cost to be funded by a private entity that is interested in working with the City and Bristol Baseball, Inc. to keep baseball in Bristol. Councilwoman Powers supports this project. There has been a lot of conversation about this project and we currently have four baseball fields in basic condition, but we have an awesome concession stand, two- story field house, ample parking, and the hopes of at least one additional field at Whitetop. It would provide a home field for Bristol Baseball, which Council feels is important to keep in the Appalachian League and to provide a new state-of-the-art opportunity for the Tennessee High baseball team. To address either of those separately would be more costly than reworking / upgrading the existing infrastructure already in place. She listed additional opportunities this project could provide including toumament play and an event / concert venue which is important as the birthplace ofcountry music. This project would impact development along State Route 394 and the Bristol Motor Speedway. Multiple sites were considered, but there is no land in the downtown area and other sites would be cost prohibitive as they have no existing infrastructure. Councilman Luttrell added he wanted to be completely transparent as he always tries to be. He has been a volunteer member of Bristol Baseball, Inc.(BBI)for over twenty- two years and has been its president for eighteen of those years. He does not receive any compensation nor do any ofthe other staff ofBBI. They do it for the love ofsport, the community, and to keep part of our history alive in Bristol. This also serves as an economic driver and tourism for the community. He supports this project. Vice Mayor Hutton motioned to approve, and Councilwoman Powers seconded. Vice Mayor Hutton commented he is excited and the potential it has as an economic driver, a place for continuing baseball in Bristol, and a powerful way to bring the community together. He referenced the Autisim information presented earlier in the meeting and mentioned the stadium could possibly be a great place to help them as well. There was no additional discussion and Resolution 23-29 passed unanimously by roll call vote. Resolution 23-35 — A Resolution Supporting the Bristol Trainstation Foundation The Interim City Manager said that Resolution 23-35 formalizes City Council's support for the Bristol Trainstation Foundation and their plans to raise financial support for capital improvements and programming for the Bristol Train Station. This facility has been central to the establishment and growth of both Bristol, Tennessee and Bristol, Virginia since 1856. The stone and brick passenger station is significant as one of the last surviving examples of outstanding structures built by Norfolk and Western Railway. Since 1999 it has been maintained for public use under the ownership ofthe Bristol Trainstation Foundation, a non-profit organization. Rail service came to Bristol in 1856 with the last train providing regular passenger service in 1971. As Council is aware, it was recently announced that passenger rail service will be returning to the twin cities. In preparation of this event, the Bristol Trainstation Foundation is undertaking a campaign to renovate and improve our iconic train station for the benefit ofthe community and the many visitors who enjoy the numerous cultural and natural treasures ofour region. Vice Mayor Hutton motioned to approve, and Councilman Luttrell seconded. Vice Mayor Hutton stated he has the honor of serving on the Trainstation Foundation Board and this is exciting. His grandfather worked at that train station long before was bom, and he feels this is a great opportunity. Many  City Council Meeting April 4, 2023 Page 8 of9 improvements must be made such as ADA compliance and the Foundation is writing grants to help fund the costs. This resolution is a way for the City to show its support. The City of Bristol, Virginia is doing the same thing, and this may be a powerful way to bring the two cities together. These efforts will hopefully help to bring rail service through Virginia into Tennessee and beyond. Councilman Luttrell mentioned that in years past, the train brought celebrities to the area such as Babe Ruth and Elvis Presley and they spent a little time here. Resolution 23-35 passed unanimously by roll call vote without fiulher discussion. CONSENT AGENDA: Interim City Manager Anderson presented the Consent Agenda to Council. ■ Minutes March 7, 2023, City Council Meeting ■ Minutes March 28, 2023, City Council Work Session ■ Resolution 23-30 A Resolution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees ■ Resolution 23-31 A Resolution Awarding Bid for Purchase of Backhoe Loader for Utility Services ■ Resolution 23-32 A Resolution Awarding Bid for Purchase of Trench Compactor for Utility Services ■ Resolution 23-33 A Resolution Awarding Bid for Building Demolition ■ Resolution 23-34 A Resolution Authorizing Emergency Rental of a Street Sweeper ■ Resolution 23-36 A Resolution Authorizing the Purchase of a 2023 Ford Expedition Under the State Contract Resolution 23-36 satisfies part of the employment contract with the new City Manager. This resolution authorizes the purchase of a Ford Expedition from Lonnie Cobb Ford of Henderson, Tennessee via state contract. If approved, this will allow for the purchase and receipt ofthe vehicle prior to April 19"* making it available for use by the new City Manager upon arrival. The Expedition is a 2023 4-door base model 4x4 and is available for purchase at the state contract price of $57,205.00. Purchasing from the state contract eliminates the issue of a supply chain delay of six to eighteen months. As this resolution was a late addition, the Interim City Manager read the resolution as required. Councilwoman Powers motioned to approve the Consent Agenda in its entirety and Vice Mayor Hutton seconded. The Consent Agenda was unanimously approved by roll call vote as presented. INTERIM CITY MANAGER'S REPORT: Interim City Manager Anderson reminded everyone that April 19"* is the day that Kelli Bourgeois will be joining the City team as City Manager. Everyone is excited for her arrival. The next work session is scheduled for April 25*^*. Information will be forthcoming about scheduling budget meetings. On a  City Council Meeting April 4, 2023 Page 9 of9 personal note, the City has wonderful department heads and employees. He knew this before, but during this interim tenure he has seen this up close and you should be proud. CITY COUNCIL COMMENTS: Councilwoman Powers concurred with Mr. Anderson and the City does have an exceptional staff. She feels this Council is one of the most prepared councils or commissions in the entire region, if not the state. It is amazing the work that staff does and so graciously pass on to Council to ensure they have a clear understanding. She expressed appreciation to the school system and as a former educator she understands the next few weeks will be interesting with all the testing and appreciates all the concern for the security ofthe students. Our thoughts and prayers are with those families in Nashville that have suffered this great tragedy ofthe loss ofthree children and three educators. As we celebrate the upcoming Holy Easter Week, she wished everyone a blessed and meaningful Easter season and encouraged everyone to reflect on not only our blessings but sharing them with others and to remember those in their time of grief. Councilman Luttrell continued the reference to the Nashville tragedy stating he was able to spend some time with Senator Marsha Blackburn today and it was reassuring to hear her speak of funding for school security along with Governor Bill Lee who is coming to the table with some significant funding as well. Needed help is on the way, but there is still much more to be done and vigilance is a large and important part of addressing the safety and security of our students. He agreed with Dr. Tudor that it cannot be just the teachers, but everyone in the community. Our Police Officers and SRO play a vital role and support the students and the students look up them and develop friendships. Councilman Luttrell thanked Mr. Anderson for serving as Interim City Manager the last few weeks and agrees the City has wonderful staff. There being no further business, the meeting was adjourned at 8:36 P.M. >^ince Turner, Mayor Mary Lee Williams, City Recorder