City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING June 6,2023 CALL TO ORDER; The City of Bristol, Tennessee City Council meeting was called to order by Vice Mayor Mark Hutton on Tuesday, June 6, 2023, at 7:00 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Vice Mayor Mark Hutton, Councilwoman Margaret Feierabend, Councilman Mahlon Luttrell, and Councilwoman Lea Powers. Others Present: City Manager Kelli Bourgeois, City Recorder Mary Lee Williams, Director of Community Development and Planning Cherith Young, Director of IT Shane Vamey, Fire Chief Mike Carrier, Police Captain Justin Bush, Director of Finance Hollie Verran, Accounting and Budget Manager Sheridan Perumal, Director of Community Relations Jon Luttrell, Director ofParks and Recreation Terry Napier, IT Manager Greg Cross, Utility Services Manager Will Witcher, Economic Development Specialist Matt Garland, Executive Assistant to the City Manager Velma Witte, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Fire Chief Mike Carrier gave the invocation and led the pledge of allegiance. AGENDA ADDITIONS AND / OR CHANGES: None PROCLAMATIONS AND RECOGNITIONS: National Homeownership Month - Councilwoman Margaret Feierabend read a proclamation recognizing June 2023 as National Homeownership Month. Mr. Steve Willinger, Chair ofthe Community Development Advisory Committee, was in attendance to accept the proclamation. Mr. Willinger thanked the City and Council for the acknowledgement. Bristol First- Anne Dunham,Digital Media and Communications Manager, explained about the Bristol First program and the nomination ofthis recipient. Ms. Dunham gave a brief overview of Bristol's transit system and noted that although it takes many people from various departments to keep the buses operational, the drivers themselves are the public face of the transit system as they provide needed transportation to many ofthe citizens ofour community. One ofthe transit drivers, Mr. Shane Flick, is the recipient ofthe award this evening. Nominations are usually received from members ofthe community, however, Cherith Young, Director of Community Development and Planning, and Tom Anderson, Director of Economic Development, nominated Mr. Flick. Those who work within the Ewell Easley Annex are used to receiving a friendly wave and beep ofthe horn from Mr. Flick as he departs the nearby Downtown Center throughout the day. On May lO^*' when he rushed through the door of the Annex without his usual smile, employees in the building knew something was wrong and expected there was an emergency with a bus or a transit passenger. Instead, he announced the building was on fire and urged everyone to quickly evacuate. He  City Council Meeting June 6, 2023 Page 2 of8 helped Ms. Young Cherith spread the word and ensure everyone was safely out of the building before he returned to his waiting passengers. Firefighters responded and determined that an adhesive used during the installation of a new roof had ignited. The fire was extinguished by contractors working on the roof without damage to the building or injuries, but the smoke was so thick that it was visible several blocks away. By the time firefighters left the scene, Shane was back on his bus and making another trek through the City. The Bristol First Award was created in 2014 to recognize City employees for exceptional service to the public and across departmental lines. Shane's actions on May 10^ are an example of outstanding service in an emergency and indicative of his ongoing spirit of selfless service to others. Ms. Dunham presented the Bristol First Award to Transit Driver Shane Flick. Mr. Flick thanked everyone for the recognition and said that he was only doing what he knew he needed to do. PRESENTATIONS: None BOARD OF EDUCATION LIAISON REPORT; Director of Schools Dr. Annette Tudor stated the regular school year is complete and summer school began yesterday with over 400 students district wide in attendance. Third grade data from ELA TCAPS showed 50.7% of the students passed that assessment which is an increase of 10% over last year. According to Tennessee state standards, this equates to about 134 students that failed the test and including the students that qualify for state exemptions that leaves 71 students who are not exempt. Those students are advised to attend summer school and the school system is doing everything possible to provide intervention, so they are promoted to 4'*^ grade. Dr. Tudor congratulated the girls track team for being runners up at the state level, four of whom won a state championship in individual events, and there were another fifteen top eight finishes for the boys and girls track teams combined. The baseball team and one of the tennis players also made it to the state level. PUBLIC HEARINGS: Annexation Plan of Services for Fox Meadows -One-Year Report Cherith Young, Director of Community Development and Planning, presented the Annexation Plan of Services for the 22-acre property known as Fox Meadows located along Beaver Creek Road. The annexation was formally approved by City Council on June 7, 2022. As part of the annexation process. Council approved a Plan of Services to determine how City services would be provided to the newly annexed property. Everything was available on the day ofannexation with exception ofthe public sanitary sewer service which is required to be extended to the newly annexed area, but the Plan of Services stated the developer is responsible for that activity which is now well underway. Tonight is the one-year report to close out the annexation process per Tennessee requirements. The City is required to provide a progress report on the Plan of Services at six months and one year following the effective date of the annexation. This hearing was properly advertised as required on May 10, 2023. She showed a map of the annexed area and the Plan of Services. Councilwoman Lea Powers asked about the projected date for certificates of occupancy for any or all the units. Ms. Young replied the developer has indicated the final plats will be moving to the Planning Commission in July. After the final plat is approved, they can begin pulling building permits and there is a four-month estimated timeframe from permits to completion. Councilwoman Powers asked if the developer intends to build a certain portion of the units at a time or  City Council Meeting June 6,2023 Page 3 of8 what is their plan of development. Ms. Young said they are starting with Phase Four and their indication is they will be pulling permits for about 25 homes at a time until they reach their final phase. There were no other comments, and the public hearing was closed. APPEARANCE OF CITIZENS: Anthony Milhom of2312 Bay Street expressed concern about the old Rosemont School. It is on the hill across from his front yard and is becoming dilapidated due vandalism and other issues. He would like to see something done with the building other than demolition. It is an historic building he would like to see it preserved possibly even as apartments. George Linke of 307 Rutledge Street spoke about the upcoming budget and the excitement about going through the request for proposals and design phases for the skate park. The Bristol Skate Group will continue to do fundraising and seek grant funding. This is a part of the community that has historically been underserved and now feel they are being served. He has heard from several in the region such as Clinch Cove and Morristown who are interested in having their own skate park and are looking to Bristol as to what and how things are being done here. It is nice working with a Council that is receptive and supportive. Over the last year, this skate group has gone from being a loose group to hosting events, partnering with businesses, and helping kids in need. The group will continue to do their part financially and wants Council to reach out ifthey have questions or if they desire the help ofthe group. John Paul Linke of 1100 Georgia Avenue signed up but did not speak. Everett Larson,a twelve-year-old from Mendota, Virginia, came to ask the Council to vote 'yes' for a new skate park in Bristol. He rides a scooter and currently has to travel to Kingsport for a good skate park. He says they need a place to ride and make friends in a good and safe environment. Mr. Hemandez lives at 1418 New Hampshire Avenue, Bristol, Virginia, but works in Bristol, Tennessee. He grew up in Kent, Washington and skateboarding was a large part of his life. The community where he grew up was impoverished, but a skate park was built in that community, and it became a life-changer for him. They could not afford to be part of a club sport and had no outlet so the skate park became a place where the area youth could develop social skills and learn how to deal with stress. He feels it would be beneficial to Bristol, grow the community, and be a great outlet for the area youth. He would like to see a recreational park where youth could skate and ride bikes and scooters and believes it would unite the community. APPOINTMENTS: None ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances; Ordinance 23-6-An Ordinance to Adopt a Budget,and Appropriate Funds for the Fiscal Year July 1,2023 through June 30,2024 City Manager Kelli Bourgeois mentioned Ordinance 23-6 is considered on first reading for formal adoption of the Fiscal 2024 Budget and Appropriations for the fiscal year beginning July 1, 2023. The Fiscal 2024 Budget totals $146,706,252. This reflects an increase of 7.0% from the Fiscal 2023 Budget.  City Council Meeting June 6, 2023 Page 4 of 8 No program cuts or changes are proposed with this budget. The municipal government portion of the budget stands at $87,501,685, an increase overall of8% from the Fiscal 2023 Budget. Major projects include completion of the reconstruction of East Cedar Street, the new Fire Station 2, sidewalks along Bluff City Highway,Bristol Regional Wastewater Treatment Plant modifications, Shelby Street Booster Station upgrades, and the 11W area water distribution system improvements to support growth in the Exit 74 area of Interstate 81. These larger projects are multiple year projects to commence in FY 2024 with a FY 2025 or potentially FY 2026 completion date. The proposed Fiscal 2024 Budget includes an 8% pay increase for all city employees which carries on with the previous market study. The proposed budget includes the key themes ofeconomic development, education, infrastructure, and public safety. The school system portion of the budget totals $59,204,567, an increase of approximately of 5.6%. The City Manager acknowledged the huge amount of work performed by the Finance staff and Administration staff in a short amount of time. The budget process was late this year due to when she started working with the City and the staff has done incredible work to get the City to this point. She also thanked the Council for the good work session and detailed discussions to get this budget moving forward. She is proud ofthe budget that is being presented and is looking forward to working with Council. Councilwoman Lea Powers requested the City Manager speak about the possibility of issuing bonds for projects and the associated sequence ofevents. City Manager Bourgeois explained the proposed FY 2024 Budget is showing a $5.4 million deficit that will be funded with fund balance and there is more than adequate funding to do so. There have been four large Parks projects, Whitetop Creek Park Baseball, pickleball, skate park, and the Melrose Community Center, proposed for bonding. Based on bond funding schedules, Whitetop Creek Park Baseball and the pickleball courts could be bond funded in calendar year 2023, with bond lading in calendar year 2024 for Melrose Community Center and the skate park. Councilwoman Powers clarified that if the decision for bonding proceeds, the bonding for the skate park could take place early in 2024. The City Manager confirmed that and added the City is able to incur costs before the bond is issued and then repay itself. There is a resolution later on this agenda that will provide for repayment. She stated the City is working with our bond advisor to ensure the City is planning the best way possible for both the taxpayers and to complete the projects. Councilwoman Powers motioned to approve Ordinance 23-6 and Councilman Mahlon Luttrell seconded. Both Council members expressed appreciation to the City Manager and Finance staff for putting together an exceptional plan to move forward with these projects. Councilwoman Feierabend thanked staff and the budget team for working so hard to ensure the budget was well prepared and on time. She has received requests for a swimming pool for the community and wanted to inform the public that is being considered. Councilman Luttrell added these projects are quality of life items and attractors for people to move to the area and for current residents to stay. There was no additional discussion, and the ordinance was approved by unanimous roll call vote of the four attending Council members. Ordinance 23-7 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July 1,2022 through June 30,2023 The City Manager explained Ordinance 23-7 is a house-keeping ordinance that is typically passed annually. It basically revises the appropriations within each of our funds to accommodate what actually happened over the course of the last budget year. She detailed all the proposed budget amendments.  City Council Meeting June 6, 2023 Page 5 of8 Councilman Luttrell motioned to approve the ordinance as stated and Councilwoman Feierabend seconded. There was no discussion and the ordinance passed unanimously by roll call vote of the four Council members in attendance. Ordinance 23-8- An Ordinance to Amend the Zoning Ordinance to Change the Uses Permitted by Right in the B-3(General Business), M-1 (Light Industrial/Business) and M-2(General Industrial) Zones, and to Make Other Changes Clarifying the Purpose of Such Zones Cherith Young, Director of Community Development and Planning, reviewed this ordinance is to further the actions of the Planning Commission and Council over the past year to edit and revise the B-3, M-1, and M-2 districts. She presented an overview of the proposed changes to the ordinance which include removing a few uses from the B-3 district specifically amending the manufacturing use entry included in the B-3 zone, adding a couple of uses to the M-1 district, adding one use to the M-2 district, and revising the purpose statements for each industrial district. This information was presented to Council in more detail at the May work session, so Ms. Young gave a summarization of the details. The item creating most discussion with the Planning Commission and Council is currently the manufacturing use entry in the B-3 zone is somewhat problematic. The B-3 zone allows the manufacturer ofsome articles to be sold on premises, but it states that articles must be sold on premises and that such manufacturing is incidental to the retail business. It has been difficult for staff to determine the definition of incidental' over the years without additional clarification. It also currently states that a use such as this would not employ more than five operators, which has also been hard for staff to interpret. The Planning Commission discussion was to further define manufacturing use in the B-3 district. The draft from the Planning Commission would cap the manufacturing area at 25,000 square feet and still require a retail component to the business. The Plarming Commission ultimately voted to send this to City Council for approval, but the Commission would like to continue to develop this idea which could result in another amendment later. Councilwoman Powers stated that as a member of the Planning Commission, the bigger concern was to make sure some elements were removed from B-3. This issue came up later in the conversation £md it was made clear they were not comfortable with the 25,000 square feet. There was a motion to bring it forward, but after further discussion during the Council work session, she requests this portion be severed from the remainder ofthe ordinance before consideration for passage. There are existing entities that are very close to 25,000 square feet and some that plan to extend beyond that size. She feels this sends a wrongful message as is and as there are currently many potential projects, she requests this exclusion. Ms. Young provided additional information concerning moving car washes and cardboard box manufacturing, and self-storage units, and revisions of the introductory purpose statements to provide more concise language. For clarification ofthe current considerations. City Attorney Danielle Smith stated ifthey move to approve it is appropriate to discuss and once there is a motion and a second, then Council can move to amend the ordinance. Councilwoman Feierabend motioned to approve Ordinance 23-8 and Councilwoman Powers seconded. Councilwoman Powers then motioned to severe the section amending the manufacturing use due to the 25,000 square foot cap as she feels that point needs further discussion. She requested that portion be sent back to the Planning Commission for further discussion. The City Attorney directed Councilwoman Powers to Section E of the ordinance, and she restated her motion for amendment is to remove Section E from Ordinance 23-8. Councilwoman Feierabend seconded the motion to amend. The amendment to the ordinance was passed unanimously via roll call vote. Ordinance 23-8 passed as amended unanimously by roll call vote of the four Council members present.  City Council Meeting June 6,2023 Page 6 of8 Ordinance 23-9 — An Ordinance to Amend Chapter 82(Vehicles for Hire)ofthe Code ofOrdinances as it Relates to Regulation of Taxicabs The City Attorney summarized the amendmentto the taxicab ordinance was discussed at the Council work session. The taxicab ordinance has not been amended in decades and is therefore outdated. The City was recently approached by a citizen who requested the ordinance be amended so she could open a taxicab business. In working with the Police, a list of amendments was made and included removal of the requirement for devices that are now outdated and utilization of more current devices along with other changes which she reviewed. There would be an explicit requirement for the driver to have a valid state drivers license in order to get a taxicab drivers permit from the City. A background check would be required to be submitted with an application for a taxicab drivers permit. The definition oftaxicab would be changed to conform to Tennessee law which would clarify that the taxicab ordinance does not regulate services like Uber and Lyft. There would be a complaint process so customers would be able to file complaints with the Police to be investigated. The ordinance is the same as what was presented to Council at the work session with the exception of Council having the responsibility of setting the rates for the taxicabs. After Council discussion, the ordinance presented today reflects the desire of Council to have the power to set the rates but would not be required to do so. Councilwoman Feierabend motioned to approve the ordinance as presented and Councilwoman Powers seconded. Councilwoman Powers stated Council believes the market rate will dictate the rate. Mr. Hemandez lives at 1418 New Hampshire Avenue, Bristol, Virginia and asked ifthis ordinance means that Uber and Lyfl will be accessible in this community now. The City Attorney replied that Uber and Lyff are already accessible in the community,and they are not regulated by the City. Mr. Hemandez used to live in a larger city where he utilized Uber and Lyft and did not realize they already operate in this area. Ordinance 23-9 passed unanimously by roll call vote ofthe four Council members present. B. Second Reading of New Ordinances: None C. Resolutions: Resolution 23-47- A Resolution Confirming the Appointment of a Student Member to the Parks and Recreation Commission Director of Parks and Recreation Terry Napier reviewed that in October of 2018 Council approved an amendment to the code of ordinances which placed two student members on the Parks and Recreation Commission. It was set up so there would always be an active junior and active senior on the board. Dr. Kim Kirk, Tennessee High School Principal, has recommended Mr. Eli Corder, a rising junior, to serve as student representative for a two-year term. Nr. Napier spoke with Mr. Corder today and he is very excited to attend the July meeting and leam about the commission and the great things going on in our community. Councilman Luttrell motioned to approve, and Councilwoman Feierabend seconded. The resolution passed unanimously by roll call vote. CONSENT AGENDA: City Manager Bourgeois presented the Consent Agenda to Council. Councilwoman Feierabend motioned to approve, and Councilman Luttrell seconded. The following items were approved by unanimous Council roll call vote: ■ Minutes May 2,2023 City Council Meeting  City Council Meeting June 6, 2023 Page 7 of8 Minutes May 16,2023 City Council Called Work Session Minutes May 30, 2023 City Council Work Session Resolution 23-48 A Resolution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees Resolution 23-49 A Resolution Authorizing Purchase of One New Pickup Truck Under State Contract for Engineering Resolution 23-50 A Resolution Approving an Agreement with the First Tennessee Development District for Program Administration for the Northeast TennesseeWirginia HOME Consortium Resolution 23-51 A Resolution Authorizing the Temporary Use of Public Property and the Public Right-of-Way for the Sale, Distribution and Consumption of Beer(Believe in Bristol, Inc.) Resolution 23-52 A Resolution Authorizing Acceptance of Violent Crime Intervention Fund Grant Award Resolution 23-53 A Resolution Authorizing Entry into a Software License and Service Agreement for Police Records Management System Upgrade Resolution 23-54 A Resolution Authorizing Entry into an Agreement with Doxim, Inc., for Utility and Property Tax Bill and Notice Printing Services Resolution 23-55 A Resolution Awarding a Bid for Sidewalk Replacement Resolution 23-56 A Resolution Approving a Grant Application and Associated Contract Documents with the Federal Transit Administration for Transit Operating Assistance Resolution 23-57 A Resolution Approving an Agreement with the Tennessee Department of Transportation for the Maintenance of State Highways Resolution 23-58 A Resolution Indicating The Intent ofthe City ofBristol, Tennessee, to Issue its Bonds or Other Obligation of Indebtedness Relating to Public Projects of The City With the Proceeds of Bonds or Other Debt Obligations to Be Issued by the City of Bristol, Tennessee Resolution 23-59 A Resolution Approving a Grant Contract with the Tennessee Department of Environment and Conservation (ARP Grant) for Water Infrastructure Improvements CITY MANAGER'S REPORT: City Manager Bourgeois mentioned she had the opportunity to attend the summer concert series Thursday, Border Bash on Friday, and Farmers Market Saturday of last week and think they are amazing and was excited to see so many people in attendance. She again expressed her appreciation to staff and Council for all the work on the budget. She reminded Council of the hearing and public meeting established by  City Council Meeting June 6, 2023 Page 8 of 8 the judge concerning the landfill case which will be Tuesday, June 13^, 10:00 A.M. at the Federal Courthouse in Abingdon. At 5:00 P.M., June 13"' at the Slater Community Center is a called meeting for the second reading of the budget. The work session June 27"' is 5:00 P.M. in the Annex. CITY COUNCIL COMMENTS: Councilwoman Powers stated there has been a change of circumstances, but the City is still in a great place and there are projects they would like to do. The projects will be fully vetted as there are issues that need to be resolved, but she hopes there will be an exceptional new baseball facility. They expect this quality-of-life project to be above and beyond. Council is excited about the pickleball courts. The skate park project location options will be explored to ensure it will be an exceptional project wherever it is. We can choose to be frustrated by a change of circumstances or embrace them and move forward stronger than before. It is important Council and staff be held accountable which should help the City achieve the things most valued regarding the City such as public safety, public service, and quality of life. This is a great opportunity. Councilwoman Powers is excited to work with City Manager Bourgeois. She hopes a task force can be established to look at how to move the community forward with youth programming. Councilwoman Feierabend visited the Farmer Market last Saturday. She hopes in the future there will be a covered area for the participating vendors to help with inclement weather issues. The City has lots of music opportunities and much of it is free. She mentioned the Juneteenth celebration at Cumberland Park on June 17'", Symphony of the Mountains on June 24"' at Cumberland Park, and July 4'" parade, and the celebration at Anderson Park. There will be some difficult conversations concerning budget and projects coming up. The City Manager was asked to speak about the rate study and tax rate. City Manager Bourgeois said the tax rate will remain the same. However, all the utility rates need to be reviewed and a rate study will be conducted soon. That information will be analyzed, and recommendations will be presented for consideration going forward. Councilwoman Feierabend asked whether water, sewer, and stormwater funds are enterprise funds which the City Manager confirmed. Councilwoman Feierabend then explained that enterprise finds must pay for themselves so when fund revenues drop below the cost to provide the utility, the rates must be reviewed. She is excited about the capital projects such as the recreation projects. She encouraged everyone to attend the Council meetings and learn what is going on. Councilman Luttrell commented that Bristol is on the move. He recognized some of the people in attendance. He attended a war memorial service downtown last week where he saw several of the older generations showing support for the Veterans, but not many of the younger. He hopes there will be renewed pride for Veterans in the future. He thanked staiT for all the work they do. There being no further business, the meeting was adjourned at 8:10 P.M. * "'vince Turner, Mayor Mary Lee Will/ams, City Recorder