City Council Kevin Mumpower, Mayor Kevin Wingard, Vice Mayor Doug Fleenor, Council Member Bill Hartley, Council Member Archie Hubbard III, Council Member BRISTOL, VIRGINIA CITY COUNCIL 300 Lee Street, Bristol, Virginia 24201 December 19, 2017 6:00 p.m. Call to Order Moment of Silence Pledge of Allegiance A. Mayor s Minute and Council Comments. B. City Manager s Comments. REGULAR AGENDA: 1. Consider Second Reading and Adoption of an Ordinance to Amend the Zoning Map From General Industrial Conditional (M-2C) to Moderate-Density Residential (R-3) for Property Described as Map Parcel #297-2-2 Located on Gordon Avenue and Island Road. a. Staff Report b. Public Comment c. Council Motion and Second for Second Reading by Caption Only d. Council Discussion e. Roll Call f. Reading of Ordinance by Caption Only g. Council Motion and Second for Adoption h. Roll Call 2. Consider Second Reading and Adoption of an Ordinance to Repeal and Reenact 8.07 Economic Development Committee. a. Staff Report b. Public Comment c. Council Motion and Second for Second Reading by Caption Only d. Council Discussion e. Roll Call f. Reading of Ordinance by Caption Only g. Council Motion and Second for Adoption h. Roll Call
3. Consider Second Reading and Adoption of an Ordinance to Amend 12.02 Debt Limitations. a. Staff Report b. Public Comment c. Council Motion and Second for Second Reading by Caption Only d. Council Discussion e. Roll Call f. Reading of Ordinance by Caption Only g. Council Motion and Second for Adoption h. Roll Call 4. Consider a Contract Concerning Municipal Waste with Wastek Energy Solutions, LLC. a. Staff Report b. Public Comment c. Council Motion and Second d. Council Discussion e. Roll Call CONSENT AGENDA 5.1 Consider Purchase Requisitions: Total Amount $94,070.81 5.2 Consider Approval of Minutes: Regular Meeting November 28, 2017 a. Council Motion and Second b. Roll Call C. Matters to be Presented by Members of the Public Non-Agenda Items. EXECUTIVE SESSION 6. Executive Session pursuant to 2.2-3711.A1, Code of Virginia 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body (personnel). a. Council Motion and Second b. Roll Call 7. Certify Executive Session. a. Roll Call D. Adjournment.
AGENDA ITEM SUMMARY Meeting Date: December 19, 2017 Department: Planning/Community Development Staff Contact: Sally Morgan, City Planner AGENDA ITEM WORDING: Consider Second Reading and Adoption of an Ordinance to Amend the Zoning Map from General Industrial Conditional (M-2C) to Moderate-Density Residential (R-3) for Property Described as Map Parcel #297-2-2 Located on Gordon Avenue and Island Road. ITEM BACKGROUND: An application has been received from Burwil Construction on behalf of the property owner, 401 Gordon Avenue LLC, to rezone Map Parcel #297-2-2 from its current zoning classification of M- 2C (General Industrial Conditional) to R-3 (Moderate-Density Residential). The property is currently the location of the Oakmont at Gordon Park Assisting Living facility. PREVIOUS RELEVANT ACTION: Public hearing and first reading were held on December 12, 2017. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Included X Not Required MOTION: I move to approve the second reading of an Ordinance to Amend the Zoning Map from General Industrial Conditional (M-2C) to Moderate-Density Residential (R-3) for Property Described as Map Parcel #297-2-2 Located on Gordon Avenue and Island Road. I move to adopt an Ordinance to Amend the Zoning Map from General Industrial Conditional (M-2C) to Moderate-Density Residential (R-3) for Property Described as Map Parcel #297-2-2 Located on Gordon Avenue and Island Road.
AN ORDINANCE TO AMEND THE ZONING MAP FROM GENERAL INDUSTRIAL CONDITIONAL (M-2C) TO MODERATE DENSITY RESIDENTIAL (R-3) FOR PROPERTY DESCRIBED AS MAP PARCEL #297-2-2 LOCATED ON GORDON AVENUE AND ISLAND ROAD WHEREAS, the City Council and Planning Commission, during a joint public hearing held on December 12, 2017 conducted a review and consideration of the request by Burwil Construction (on behalf of 401 Gordon Avenue LLC, the property owner) to amend the zoning map from General Industrial Conditional (M-2C) to Moderate-Density Residential (R-3) for the property described above and having the real estate tax parcel number of 297-2-2; and WHEREAS, the first reading of this ordinance occurred at the regularly scheduled December 12, 2017 meeting of the City Council and the second reading occurred at the regularly scheduled meeting of the City Council held on December 19, 2017; and WHEREAS, the Planning Commission recommends approval of this zoning map amendment from M-2C to R-3 as indicated by vote and recorded in the minutes of the regularly scheduled meeting of the Planning Commission held on December 12, 2017; and WHEREAS, the City Council makes the following Findings of Fact: 1. Section 50-44 of the City Code and Section 15.2-2284 Code of Virginia allows the City Council to consider adopting an ordinance to enact map changes with reasonable consideration given to the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality. 2. Section 50-72 of the City Code states that the purpose of the R-3 District is to provide areas for the development of moderate-density residential uses and structures in moderately spacious surroundings. This district is to be located in the intermediate portions of the city where a protected environment suitable for moderate-density residential uses can be provided, and in established moderate-density residential areas, to ensure their continuance. This district is also appropriate on a smaller scale in the suburban portions of the city as a transitional or buffer zone between low-density residential districts and commercial districts, industrial districts or major transportation arteries, and other uses that are not compatible with a low-density residential environment. The townhouse or rowhouse may be used, which permits the construction of single-family dwellings immediate adjacent to one another without side yards between the individual units 3. The Bristol, Virginia Comprehensive Plan adopted in March 2017 outlines in the Vision chapter a picture of desirable and varied housing options for city residents, including small cottage homes, apartments, assisted living, and nursing care (Page 27) for seniors so they do not have to leave Bristol when they downsize to smaller living situations. 4. The Bristol, Virginia Comprehensive Plan also identifies the Gordon Park property as one of four parcels in the city has having potential for mixed use development. Page 35 states
Each of the four properties could accommodate several different redevelopment scenarios, including a mixture of uses or a subdivision of parcels to accommodate different uses/phases. Page 36 states that the Gordon Park property is expected to develop complementary uses to the new assisted living center, including independent patio homes for seniors, medical offices, and a skilled nursing facility. The Comprehensive Plan recognizes an aging population but a lack of senior housing, and recognizes community interest in the aging in place concept to allow a broader range of options (Page 49). WHEREAS, the City Council makes the following Conclusions of Law: 1. The Planning Commission, and Staff have given reasonable consideration to the impact of the proposed map amendment for consistency with and impact on the factors listed in Paragraph 1 above, including the existing use and character of the property, the Comprehensive Plan, the suitability of the property for various uses, the trends of growth and change, and the current and future requirements of the community. 2. The proposed map amendment is consistent with the 2017 Bristol, Virginia Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BRISTOL, VIRGINIA, THAT: Section 1. The City Council specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described property, which is currently zoned General Industrial Conditional. (M-2C) shall be zoned Moderate Density Residential (R-3) as shown on the attached map and incorporated by reference as Exhibit 1. Section 3. Section 4. Section 5. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. This ordinance shall be take effect 30 days following adoption.
BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: December 19, 2017 Department: City Attorney Staff Contact: Randall Eads AGENDA ITEM WORDING: Consider Second Reading and Adoption of an Ordinance to Repeal and Reenact 8.07 Economic Development Committee. ITEM BACKGROUND: The proposed change to the Charter would dissolve the Economic Development Committee. The Industrial Development Authority shall have all powers previously vested in the Economic Development Committee for the City. PREVIOUS RELEVANT ACTION: Public Hearing and first reading were held on December 12, 2017. Staff Recommendations: Approval. DOCUMENTATION: Included X_ Not Required MOTION: I move to approve the second reading of an Ordinance to repeal and reenact 8.07 Economic Development Committee. I move to adopt an Ordinance to repeal and reenact 8.07 Economic Development Committee. Revised 03/10
AN ORDINANCE TO REQUEST A CHARTER CHANGE TO THE CHARTER FOR THE CITY OF BRISTOL, VIRGINIA WHEREAS, the City Council for the City of Bristol, Virginia has held a public hearing on the hereinafter set out Charter change pursuant to advertisement, all as provided for in 15.2-202 of the 1950 Code of Virginia, as amended. NOW THEREFORE, BE IT ORDAINED by the City Council for the City of Bristol, Virginia that the General Assembly should be and hereby is requested to amend the Charter for the City of Bristol, Virginia at its session in 2018 as set out below: 8.07 Economic Development Committee shall be repealed and re-enacted as follows: 8.07 Industrial Development Authority. The Economic Development Committee of Bristol, Virginia is hereby dissolved. The Industrial Development Authority of the City of Bristol, Virginia shall have all the powers to induce manufacturing, industrial and commercial enterprises to locate or remain in the City of Bristol, Virginia as authorized by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, and shall specifically have all powers as were previously vested in the Economic Development Committee for the City.
BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: December 19, 2017 Department: City Attorney Staff Contact: Randall Eads AGENDA ITEM WORDING: Consider Second Reading and Adoption of an Ordinance to Amend 12.02 Debt Limits. ITEM BACKGROUND: The proposed change to the Charter would allow City Council to submit to the citizens of Bristol, Virginia, by referendum, questions regarding borrowing affairs of the City. PREVIOUS RELEVANT ACTION: Public Hearing and first reading were held on December 12, 2017. Language was changed per Council s direction. Staff Recommendations: Approval. DOCUMENTATION: Included X_ Not Required MOTION: I move to approve the second reading of an Ordinance to amend 12.02 Debt limits. I move to adopt an Ordinance to amend 12.02 Debt limits. Revised 03/10
ORDINANCE TO AMEND CHAPTER 12. - BORROWING 12-02. DEBT LIMITS WHEREAS, the City of Bristol, Virginia has the intent to be fiscally responsible and; WHEREAS, the City of Bristol, Virginia has the desire to allow the citizens of Bristol to have input into the borrowing affairs of the City. NOW THEREFORE BE IT ORDAINED by the City Council for the City of Bristol, Virginia that Chapter 12, Borrowing 12-02. Debt Limits, is hereby amended to read as follows: 12.02 Debt Limits. The city's total indebtedness shall not exceed the limitations placed upon municipal indebtedness by the Constitution and the general laws of the Commonwealth of Virginia. City council shall not increase the total indebtedness of the city to the point which would render its bonds, notes and obligations non-tax deductible pursuant to any provisions of the Internal Revenue Code except by ordinance adopted by four-fifths vote. The Council, by four affirmative votes of the entire Council, shall submit to the qualified voters of the City for advisory purposes, any question or group of questions relating to the borrowing affairs of the City in excess of FIFTEEN MILLION DOLLARS, for any one project or any subsequent project related to the initially proposed projects. Any such advisory referendum shall be conducted in the manner provided for in City elections, but the results thereof shall not be binding upon the Council. The advisory referendum shall be voted upon at a regularly scheduled election of Council s approval to submit questions or a group of questions to qualified voters. There shall be no right of appeal from or recount of the results of an advisory referendum. This provision applies only to the issuance of new general obligation debt, and does not apply to refinancing of any debt, until at such time the City finds itself at or below FIFTY PERCENT (50%) of the legal debt margin and maintains a minimum A2 or AA bond rating
BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: December 19, 2017 Department: City Manager/City Attorney Staff Contact: Randall Eads AGENDA ITEM WORDING: Consider a Contract Concerning Municipal Waste with Wastek Energy Solutions, LLC. ITEM BACKGROUND: Staff has been working with Wastek Energy Solutions, LLC on a project to make use of solid waste at the landfill. The City Attorney will provide the document prior to the meeting. PREVIOUS RELEVANT ACTION: N/A STAFF RECOMMENDATIONS: Approval DOCUMENTATION: Included Not Required MOTION: I move to authorize the City Manager to enter into a contract concerning municipal waste with Wastek Energy Solutions, LLC. Revised 03/10
BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: December 19, 2017 Department: Finance Staff Contact: Tamrya Spradlin AGENDA ITEM WORDING: Consider Purchase Requisitions Total Amount: $94,070.81. ITEM BACKGROUND: The items are presented to City Council for payment approval. PREVIOUS RELEVANT ACTION: N/A STAFF RECOMMENDATIONS: Approval DOCUMENTATION: Included X Not Required MOTION: I move to approve all items on the consent agenda as presented. Revised 03/10
Meeting Date: December 19, 2017 Department: Deputy Clerk Staff Contact: Deborah Denney AGENDA ITEM WORDING: BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Consider Approval of Minutes: Regular Meeting November 28, 2017 ITEM BACKGROUND: N/A PREVIOUS RELEVANT ACTION: N/A Staff Recommendations: Approval. DOCUMENTATION: Included X Not Required MOTION: I move to approve all items on the consent agenda as presented. Revised 03/10
184 NOVEMBER 28, 2017 THE REGULAR MEETING OF THE BRISTOL, VIRGINIA, CITY COUNCIL WAS HELD ON NOVEMBER 28, 2017, AT 6:00 P.M. AT 300 LEE STREET, BRISTOL, VIRGINIA WITH MAYOR KEVIN MUMPOWER PRESIDING. COUNCIL MEMBERS PRESENT WERE VICE MAYOR KEVIN WINGARD, J. DOUGLAS FLEENOR, WILLIAM HARTLEY, AND ARCHIE HUBBARD, III. INTERIM CITY MANAGER/CITY ATTORNEY, RANDALL EADS WAS ALSO PRESENT. Mayor Mumpower called for a moment of silence followed by the pledge of allegiance to the flag. A. Mayor s Minute and Council Comments Mayor Mumpower thanked residents for attending City Council meetings. 1. Consider a Resolution authorizing the City Manager to apply for an Economic Development Administration grant. Vice Mayor Wingard made a motion to table the item for further review. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower 2. Consider first reading of an Ordinance to repeal and reenact 2-3 of Chapter 2 of the City Code Interim City Manager, Mr. Randall Eads, reported that the proposed changes to the procurement policy would align the City s general purchase code with the Virginia Public Procurement Act and set limitations on small purchases. Mayor Mumpower entertained a motion to repeal and reenact 2-3 of Chapter 2 of the City Code. Council Member Hubbard made the motion to repeal and reenact 2-3 of Chapter 2 of the City Code. Motion was seconded by Vice Mayor Wingard and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower 3. Consider changes to the Fund Balance Policy Interim City Manager, Mr. Randall Eads, reported that the Fund Balance Policy established in two thousand fifteen (2015) set aside twelve percent (12%) of the annual budgeted operating revenue to be used for emergency expenses and capital projects. The change proposed would increase the amount to be set aside to eighteen percent (18%). A lengthy discussion ensued about avoiding the use of Tax Anticipation Notes and the purpose of setting funds aside. Mayor Mumpower entertained a motion to approve changes to the Fund Balance Policy. Vice Mayor Wingard made the motion to approve changes to the Fund Balance Policy with words replaced as recommended by Council Member Hubbard. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Hartley, Hubbard, Wingard, and Mumpower ABSTAIN: Fleenor 4.1 Consider Appropriating $842,648 to the FY18 Budget per the Items Listed Below: Capital Projects Fund Appropriate a portion of remaining bond proceeds to Stormwater Improvements Expenditure 4-009-95040-3140 Professional Services $142,971 Revenue 3-009-41010-0001 Local Bond Issue $142,971 Appropriate VDOT reimbursable expenditures for Lee Highway Widening Exit 7 Expenditure 4-009-95690-8112 Other Improvements & Const $147,948 Revenue 3-009-24030-0074 VDOT Lee Highway Widening $147,948 Police Department Appropriate Wise Recycling funds to operating supplies
NOVEMBER 28, 2017 185 Expenditure 4-001-31010-6014 Operating Supplies & Materials $64 Revenue 3-001-19010-0009 Recovered Costs $64 Fire Department Appropriate Wise Recycling funds to operating supplies Expenditure 4-001-32010-6014 Joint Operating Expenses $35 Revenue 3-001-19010-0007 Operating Supplies & Materials $35 Solid Waste Disposal Fund Appropriate final landfill liner payment from bond proceeds Expenditure 4-004-12010-8112 Improvements or Construction $551,630 Revenue 3-004-41010-0001 Local Bond Issues $551,630 Mayor Mumpower entertained a motion to approve items 4.1 as presented. Council Member Hubbard made the motion to approve item 4.1 as presented. Motion was seconded by Vice Mayor Wingard and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower 4.2 Consider Purchase Requisitions Mayor Mumpower entertained a motion to approve items 4.2 as presented. Council Member Hubbard made the motion to approve item 4.2 as presented. Motion was seconded by Vice Mayor Wingard and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower 4.3 Consider Board Appointment: Bristol Redevelopment and Housing Authority Mr. Francis (Frank) Finan Vice Mayor Wingard thanked Mr. Finan for his willingness to serve. Mayor Mumpower entertained a motion to approve item 4.3 as presented. Vice Mayor Wingard made the motion to approve item 4.2 as presented. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower B. Request for Proposal process update Interim City Manager, Mr. Randall Eads, reported that Robert W. Baird & Company would be used for the City s debt refinancing and that the anticipated closing for the proposed refinancing was February 1, 2018. Davenport & Company advisor, Mr. Roland Kooch, commented on interest rates. C. Matters to be presented by members of the public non agenda items There were no matters presented by the public. D. City Manager s comments Interim City Manager, Mr. Randall Eads, reported that traffic on Lee Highway would be diverted into the Falls development. He announced that the fire study board would host a town hall meeting on December 4, 2017 at 7:00 p.m. 5. Executive Session Mayor Mumpower entertained a motion to enter into Executive Session pursuant to 2.2-3711.A1, Code of Virginia 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; (personnel). Vice Mayor Wingard made the motion to enter into Executive Session pursuant to 2.2-3711.A1, Code of Virginia 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public
186 NOVEMBER 28, 2017 officers, appointees, or employees of any public body; (personnel). Human Resource Director, Ms. Trish Henderson, was invited to join. Motion was seconded by Council Member Hartley and carried by the following votes: AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower 6. Certify Executive Session Following the Executive Session, by roll call vote, Council Members certified that only business matters lawfully exempted from open meeting requirements and specified in the motion to convene the Executive Session were discussed. AYES: Fleenor, Hartley, Hubbard, Wingard, and Mumpower E. Adjournment There being no further business, the meeting was adjourned. ******** ****** **** ** * Deputy City Clerk Mayor
Meeting Date: December 19, 2017 Department: City Council Staff Contact: Kevin Mumpower AGENDA ITEM WORDING: BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Executive Session pursuant to 2.2-3711.A1, Code of Virginia 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body (personnel). ITEM BACKGROUND: N/A PREVIOUS RELEVANT ACTION: N/A Staff Recommendations: N/A DOCUMENTATION: Included Not Required X MOTION: I move to enter into executive session pursuant to 2.2-3711.A1, Code of Virginia 1950, as amended. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body (personnel). Revised 03/10