City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING April 7, 2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Margaret Feierabend on Tuesday, April 7, 2020 at 7:00 P.M. The meeting was held electronically via Zoom. ROLL CALL: Present: Mayor Margaret Feierabend, Vice Mayor Mahlon Luttrell, Councilman Chad Keen, Councilwoman Lea Powers, and Councilman Vince Turner. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Tara Musick, Interim Director of Schools Annette Tudor, and members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Dr. Kris Aaron, Senior Pastor of First Baptist Church, gave the invocation and Councilman Chad Keen led the pledge of allegiance. DISCUSSION OF NECESSITY FOR CONDUCTING ELECTRONIC MEETING: City Attorney Danielle Smith explained the requirements for holding an electronic meeting. Mayor Feierabend asked if anyone on Council objected to holding an electronic meeting. No one objected since the electronic meeting is necessary to protect public safety, health, and welfare due to the Coronavirus pandemic. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Earth Week / Arbor Day - Councilwoman Lea Powers read the proclamation designating the week of April 18-24, 2020, as Earth Week and April 24, 2020. as Arbor Day. Library Week - Councilman Vince Tumer read the proclamation designating the week of April 19-25, 2020, as National Library Week. Public Safety Telecommunicators Week - Vice Mayor Mahlon Luttrell read the proclamation designating the week of April 12-18, 2020, as National Public Safety Telecommunicators Week. PRESENTATIONS: None. PUBLIC HEARINGS: Mayor Feierabend opened the Public Hearing for Ordinance 20-3.  City Council Meeting April 7, 2020 Page 2 of 8 Ordinance 20-3 - An Ordinance to Amend Section 216 (Billboard and Sign Regulations) of the Zoning Ordinance as it relates to Outdoor Advertising Structures City Manager Bill Sorah reviewed this item that first came before Council in February. The essence of the amendment eliminates locations of new outdoor advertising structures. It provides a mechanism for maintaining existing billboards and converting existing billboards to digital media. When this was presented in February on first reading, Council asked for the number of billboards currently located within the City limits and expressed concern regarding the visual aesthetics along the commercial corridors in the event all billboards were converted to digital media. There was also a desire to contrast the ordinances governing billboards in our surrounding communities. There was no motion and no second so it was referred back to the Planning Commission and was reviewed on February along with the requested additional information garnered by staff. It was reaffirmed and forwarded back to Council by unanimous vote. City Council reviewed it at the March 3'"'^ meeting and passed it on first reading. Cherith Young, Planning Services Manager, summarized the item and reviewed the information requested by Council at the February meeting. Bristol, Virginia, Sullivan County, and Kingsport do not allow digital displays, but Johnson City allows a limited amount. She showed a map of where the billboards are located in the City. The current ordinance allows billboards only in the B-3, M-1, and M- 2 zones and requires a 2,000-foot radius separation for all digital billboards. If there are two billboards less than 2,000 feet apart only one can have a digital message. She reviewed the proposed amendment which includes the addition of one definition to Section 203 of the Zoning Ordinance, the definition of the term Nit which is a technical term for measuring the luminance of a digital display. It also revises Section 216 E to state that new billboards are prohibited in the City, but existing billboards can be maintained or converted to digital display boards with certain stipulations. The proposed ordinance removes the location parameters in the current ordinance and removes the 2,000-foot separation for electronic display. The Planning Commission reviewed and discussed all the information and decided to make no changes from their recommendation of the prior meeting. They voted to confirm their original decision and forward a favorable recommendation to amend Section 216 E to the Bristol Tennessee Zoning Ordinance as presented tonight. Councilwoman Powers asked if existing digital billboards would set the basis for the 2,000-foot separation requirement. Ms. Young replied that is how the current ordinance would work as it requires that separation. However, the new ordinance would not allow any new billboards, but removes the 2,000-foot radius restriction and would therefore allow any existing billboard to convert to digital. As there was no public comment, this Public Hearing was closed. Mayor Feierabend opened the Public Hearing for Ordinance 20-4. Ordinance 20-4 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3(General Business) 1003 Highway 126 City Manager Sorah stated that annexation by ordinance is no longer an option for local governments, but annexation can be done either by request or by referendum. In this particular instance, property owner Mr. Tony Boyd requested the annexation of this property for the purposes of commercial development. The annexation itself was concluded last month and the first reading of the amendment to the zoning map to establish the proper zoning for this property was approved by Council at the March 3^^^ meeting. The property has a current Sullivan County zoning of B-3 (General Business Service District) which is similar to the City's B-3 (General Business District) zone. The City's future land use  City Council Meeting April 7, 2020 Page 3 of 8 plan contemplates a business use for this property. For these reasons, staff recommends a B-3 (General Business) zoning for the property. At their January 13^^ meeting, the Planning Commission reviewed the annexation Plan of Services which includes the recommendation for zoning the property B-3 (General Business) and voted unanimously to forward a favorable recommendation to City Council. Ms. Cherith Young showed a map of the annexed property. She reviewed a list of permitted uses in the B-3 District and the differences in County and City B-3 areas. There are a few minor differences in the process between the two entities, but the general character is the same. There have been a few calls received from interested people. A neighbor was concerned about uses that would be noisy and the driveway access. The driveway to the annexed property is a shared driveway and that is a personal matter between the two property owners. As there was no public comment,this Public Hearing was closed. Mayor Feierabend opened the Public Hearing for Ordinance 20-5. Ordinance 20-5 - An Ordinance to Amend Section 216 (Billboard and Sign Regulations) of the Zoning Ordinance as it Relates to Electronic Message Boards City Manager Sorah reviewed this item which was previously discussed by Council at work sessions and Council meetings. This ordinance amends Section 216 as it relates to electronic message boards. Under the current zoning ordinance electronic message boards are prohibited in certain areas. This amendment would allow greater flexibility for the utilization ofelectronic message boards sited at municipal facilities located in residential districts as well as B-2, B-1 A,and B-1B zones. At their February 17"^ meeting, the Planning Commission by a vote of 6-2 gave a favorable recommendation to permit electronic message boards in the zones designated above according to the conditions set forth by Council. Ordinance 20-5 was approved on first reading on March 3^^. Ms. Young gave further information and presented a slide that reviewed the current amendment and showed the proposed changes. Language regarding the automatic dimming and the usage of Nit was updated. The proposed amendment adds language allowing electronic message boards in residential districts B-IA, B-IB, and B-2, if the property is owned or operated by the City. Eligible sites can only have one message board and the site must be a minimum cumulative size of two acres. Message boards cannot be used for off-premises advertising and the hours of operation are designated between 7:00 a.m. and 10:00 p.m. Signage shall be limited to text and pictures only. The Planning Commission voted 6 - 2 to send a favorable recommendation to Council. Councilwoman Powers asked about the reason for the two dissenting votes ofthe Planning Commission. Mayor Feierabend said that some people were concerned about electronic billboards in a residential area regardless of who owned the property. As there was no public comment, this Public Hearing was closed. APPEARANCE OF CITIZENS: None. APPOINTMENTS: Bristol Housing Board - City Council addressed the vacancy of one seat on the Bristol Housing Board for a term of office ending March 31, 2025. Mayor Feierabend spoke in favor of the candidate, Ms.  City Council Meeting April 7, 2020 Page 4 of 8 Kane. Ms. Ella Kane was unanimously appointed to the Bristol Housing Board to serve a term of office ending March 31, 2025. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None. B. Second Reading of New Ordinances: Ordinance 20-3 - An Ordinance to Amend Section 216 (Billboard and Sign Regulations) of the Zoning Ordinance as it Relates to Outdoor Advertising Structures This item was summarized during the Public Hearing portion earlier on this Agenda. Councilman Turner motioned to approve Ordinance 20-3 and Councilwoman Powers seconded. There was no further discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. Ordinance 20-4 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3(General Business) 1003 Highway 126 This item was summarized during the Public Hearing portion earlier on this Agenda. Councilman Keen motioned to approve Ordinance 20-4 and Vice Mayor Luttrell seconded. There was no further discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. Ordinance 20-5 - An Ordinance to Amend Section 216 (Billboard and Sign Regulations) of the Zoning Ordinance as it Relates to Electronic Message Boards This item was summarized during the Public Hearing portion earlier on this Agenda. Vice Mayor Luttrell motioned to approve Ordinance 20-5 and Councilwoman Powers seconded. There was no further discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. C. Resolutions: Resolution 20-25 - A Resolution Awarding a Bid for Water Filtration Plant Pipe Gallery Improvements City Manager Sorah explained this project was identified in the five-year Capital Improvement Plan (CIP)for implementation this fiscal year. The water filtration plant was constructed in 1980. The pipe gallery is between the filter basins and the clearwell and the pipe gallery is where the water is injected with chlorine before going into the clearwell. The pipe gallery contains a number of pipe link seals and valves which are now leaking and are at the end of their serviceable life. As per the approved CIP, bids were solicited and a total of four(4) bids were received with J. S. Haren Company of Athens, Tennessee, submitting the lowest responsive bid in the amount of $192,000.00. Staff and the consulting engineers, reviewed the bids and believe this is a very good bid. The bid estimate of the consulting engineer was considerably higher so the City would like to get this bid under award and select a time later in the summer for the project to commence as the City will wait until the COVlD-19 issue is resolved before admitting any contractors in the plant. Funding for the project is available in the water segment. Councilwoman Powers asked if there are any grants that could be applied to this project and the City Manager replied no. The motor control center replacement project currently underway is funded 100% by an economic development grant, but this particular project is not subject to that. She then asked if any partners would share in the costs. City Manager Sorah replied that while the Bristol Regional Wastewater Treatment Plant is jointly owned with the City of Bristol, Virginia, the water filtration plant  City Council Meeting April 7, 2020 Page 5 of 8 is owned solely by the City ofBristol, Tennessee and hence,there is no shared responsibility with another entity. Councilwoman Powers motioned to approve Resolution 20-25 and Councilman Keen seconded. There was no further discussion and the resolution was approved by unanimous roll call vote. Resolution 20-26 - A Resolution Awarding a Bid for Water Filtration Plant Diesel Generator Refurbishment The City Manager stated this was an unscheduled item on the agenda. During a recent servicing of the emergency generator, which provides backup to commercial power at the water filtration plant, it was noted that coolant from the generator was leaking into the oil system of the generator. Upon further investigation, it was determined the most effective repair would be refurbishment of mechanical components of the engine, consisting of a complete engine overhaul including replacement of cylinder liners, bearings, and gaskets. This is significantly less expensive than replacement of the generator and while that generator is not often used, when it is needed it is needed immediately. It provides system redundancy for all of the water customers—not only the direct customers of the City, but also the wholesale customers in the area utility districts. Bids were posted via standard City media efforts with two (2) responsive bids received. Clarke Power Services, Inc., of Greensboro, North Carolina, was the lowest responsive bid in the amount of $146,305.00 and award is recommended accordingly. Funding is available in the water segment fund balance and there are ample funds to address this issue. Councilman Keen motioned to approve Resolution 20-26 and Councilman Turner seconded. As there was no further discussion, the resolution passed unanimously by roll call vote. Resolution 20-28 - A Resolution Approving and Adopting Temporary Regulations for the Sale of Beer by Delivery City Manager Sorah said on March 22"^^, Governor Bill Lee issued Executive Order No. 17 which among other things, permitted restaurants and limited service restaurants to sell alcoholic beverages or beer for takeout or delivery as long as the conditions laid out in Executive Order No. 17 were met. Due to the spread of COVID-19 and with emergencies having been declared at the federal and state level, on March 30, 2020 the Mayor and the City Manager jointly declared a local and civil emergency for the City of Bristol by Executive Order 20-01 with the emergency taking effect at 12:01 a.m. on March 3Uf The emergency extends for seven (7) days unless further extended by the Mayor and City Manager. In an effort to enable citizens of Bristol to comply with Governor Bill Lee's Executive Order No. 22, and with Bristol, Tennessee's Executive Order No. 20-01 related to staying home in order to limit the spread of COVID-19, Resolution 20-28 will allow holders of on-premises, manufacturing, or dual permits to sell beer by delivery and enable those establishments to engage in business while still complying with the Governor's Executive Order. Only employees of the business can sell beer. They cannot sell to anyone under 21 years of age or to anyone who is obviously intoxicated. Delivery must be to addresses within City limits and beverages must be in a sealed container. This is a temporary ordinance and is in effect only until terminated by City Council based upon either the expiration of the Governor's Order or May whichever is the earlier of the two. If the Governor's Order is extended beyond that time, then the ordinance could be extended from time to time based upon the Governor's Order. Councilman Turner made a motion to approve Resolution 20-28 and Councilwoman Powers seconded. There was no further discussion and the resolution was approved by unanimous roll call vote.  City Council Meeting April 7, 2020 Page 6 of 8 CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Vice Mayor Luttrell made a motion for approval and Councilman Turner seconded the motion. The following items were approved by unanimous Council roll call vote: ■ Minutes March 3, 2020 City Council Meeting ■ Minutes March 26, 2020 Special Called City Council Meeting ■ Minutes March 30, 2020 Special Called City Council Meeting ■ Minutes April 2, 2020 Special Called City Council Meeting ■ Resolution 20-27 A Resolution Authorizing Payments to MuniCap, Inc., in Excess of $10,000 BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor thanked everyone for supporting the electronic message boards amendment. The current school closures are through April 24'^ and thus far no guidance has been received advising extension of that date, but she fully anticipates to receive guidance at some point to extend school closures beyond April 24^^. This week the State Board of Education will meet to address some of the rules and policies that are impacted by the school closures across the state. There are many questions about things such as graduation ceremonies, grades, promotion and retention, and how all of that will be impacted by the school closures. It is hoped that will be addressed at the state meeting this week along with rules and policies. They are in the third week of providing 'at home learning' and later this week there will be another round ofinstructional materials distributed for students in grades pre-K through 3"^^ grade. The students in 4^ grade through 12"' grade continue to do the majority of their work on-line if they have access to the internet. If they do not have access to the internet, the schools are providing instructional materials and packets ofinformation that mimic what is happening on-line. The Tennessee Department of Education (TDE) recently partnered with PBS and they have begun issuing videotaped lessons of Tennessee teachers teaching a variety of lessons in grades 1 through 8. Those can be viewed on the local PBS channel and they will also be posted to the TDE YouTube channel so they can be accessed and viewed at any point. The TDE has a website with lesson plan resources and materials that can be accessed by both teachers and parents. In the two weeks since the schools were closed they have served over 22,000 meals to the students and they are continuing to serve meals at 12 distribution sites. In addition, the family resource center has distributed 550 food bags to families and have given away 323 books to students they can keep in their home libraries. They have also given away 2,200 resource packets to parents which includes information on COVID-19 and ways for them to access services should they need assistance during the school closures. She thanked the numerous people who have provided support in many ways,including through anonymous donations. They have received $1,000 from Santa Pal and Emory & Henry College Dining Services recently donated some snacks. Kay Ward wrote a grant resulting in another $1,000 in community grant award from Walmart. These food and monetary donations go directly to creating more food packages for the families so that all of the family can receive services during this time if needed. The middle school project is continuing and thus far, no delays have been experienced due to COVID- 19. Documentation of the progress is available through pictures and video posted on the school website. Everything is still on schedule to be in the gym by August for the beginning of the next school year.  City Council Meeting April 7, 2020 Page 7 of 8 There is a called school board meeting tomorrow at 5:00 p.m. which will be livestreamed and available on their website. Mayor Feierabend expressed her appreciation to Dr. Tudor and the sehools for providing for the students and assisting the families with food while also helping to provide a sense ofcommunity. She mentioned the importance of additional resources being available on television and the importance of helping to provide some structure for the students during these unusual times. She talked about the importance of the census and recognized the schools for working to continue teaching academics while nurturing the relationships and realizing the health of the students is more important. Councilwoman Powers commented on how hard the schools are working at building relationships with the students and their families to help them through this crisis. She sees the bus coming and going from the Community Outreach Center and the workers are very dedicated in the delivery of cleaning supplies as well as school supplies. She encouraged all who can contribute to this great program to please do so. CITY MANAGER'S REPORT: City Manager Sorah reminded Council of the called meeting at 9:00 A.M. on Thursday, April 9'^. He would like to have a representative from either the health department or Ballad Health to give a quick update and then discuss any topics Council desires. One thing he would like to address is the frequency of called meetings going forward. The types of services the City has been providing is static and Parks and Recreation continues to maintain parks, provide programming, and keep the tennis courts open to help provide the community an opportunity be out and about while still practicing social distancing. The City Manager discussed the COVID-19 event and stated that as of today, Sullivan County reported 26 confirmed positive tests which is an increase of one over the last 24-hours. He provided additional statistics concerning City employees including there are still no cases of COVID-19 among the employees. He discussed the upcoming budget meeting on Tuesday the 28'^ and said data is being continually revised in accordance with the situation and information received from the state. He asked Cherith Young to give a census update. She reviewed the various ways to complete the census questionnaire. We are slightly below the Tennessee and national averages. The Census has temporarily suspended operations. She commented they are still trying to spread the message and has no doubt that we will get a good census count. Councilwoman Powers asked if the State would extend the deadline for the budget to be submitted. The City Manager said that we would like to meet the State guideline and we can amend later if necessary. He does not view continuation budgets as positive and would prefer not to go in that direction. Terry Napier reviewed the ongoing activities at the Slater Center. Staff is being creative and they are shooting several videos, such as yoga and videos for family involvement. CITY COUNCIL COMMENTS: Vice Mayor Luttrell spoke about being proud of the community for how it has come together through the COVID-19 event. He expressed appreciation to everyone across the community and the state, specifically mentioning first responders, medical professionals, educators, leaders and their staffs, for their leadership and dedication. We will beat this together, but we must remain vigilant and cooperative. It will take some time to find our way back. He is proud to work with Council and they have the best interests of the community.  City Council Meeting April 7, 2020 Page 8 of 8 Councilwoman Powers said that stay at home has worked to date. The new normal may not be what it was before, but it is very promising. Her prayers are for the families that do not know they will have to deal with it yet and that everyone can move through this as well as possible, given the situation and the many unknowns. It is very important to look for the opportunities to grow through all of this and it may allow us to be even better after the fact. Some things are going to change forever because we are finding new and innovative ways to do things that are above and beyond what we did before. We may have to all muddle through to get where we need to go, but we will do so together. It is called strategic floundering. Councilman Turner thanked City staff for working through difficult circumstances and for businesses that have chosen to do business in Bristol. They are also experiencing difficult times and need all the encouragement and support they can get. He looks forward to our citizens being patrons of the area businesses and being able to walk downtown. He encourages staff to identify opportunities for existing and new businesses. It is important that staff, members of Council, and City Manager have open communication on what courses of action are needed and we need to work together as a team. These are difficult times but we have a strong team and we will come out better at the end of this. Councilman Keen agreed with everything just said. We have slowed the virus and supply chains are coming through. Approved drugs are having good success rates throughout the country, even though they are test cases. The Downtown loan pool is helping businesses through this difficult time. He expressed concern and appreciation for the City font-line workers such as police and fire. The State has stepped up and grants will be available to the local governments. We are keeping a close eye on the virus and the impact. We must and will continue to conduct City business. The City needs to look at where we go from here, when we will re-open businesses, and what the next steps are. Mayor Feierabend mentioned Tom Anderson and Maggie Elliott recently gave a presentation about things already taking place toward continued economic development. Continuing to build on the existing relationships with the businesses is a huge plus for the plans for going forward. There is still a lot that we do not know about COVlD-19 and who it effects. Hopefully, we will learn more as time goes on and will be better informed as to how to proceed. We want people to remain safer at home as much as possible and to take precautions when they must venture out. She thanked staff for providing the means to conduct all the on-line meetings and thanked Council for participating and for their professional conduct during the meetings. She said this time has not been experienced by anyone currently living and understands this is personally devastating to many including the affected businesses and employees. She expressed appreciation for front line workers, health care workers, emergency service employees, health department and Ballad workers, and other essential workers such as those at grocery stores, in manufacturing, and childcare workers. She thanked everyone out there taking risks while helping provide the essential services to the community. There being no further business, the meeting was adjourned at 8:36 p.m. ^ Ma^aret Feierabend, Mayor '4 1- Tara E. Musick, City Recorder