City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING August 4,2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, August 4, 2020 at 7:00 P.M. The meeting was held electronically via Zoom. ROLL CALL: Present: Mayor Mahlon Luttrell, Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, Councilman Chad Keen, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danielle Smith, City Recorder Tara Musick, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Mayor Mahlon Luttrell introduced Jacqueline Booher, Pastor of Emmanuel Baptist Church in Lebanon, Virginia. Kevin Kruse, the former General Manager at The Bristol Hotel and a U.S. Marine Corps Veteran, led the pledge of allegiance. DISCUSSION OF NECESSITY FOR CONDUCTING ELECTRONIC MEETING: City Attorney Danielle Smith explained the requirements for holding an electronic meeting. The electronic meeting is necessary to protect public safety, health, and welfare due to the Coronavirus pandemic. Mayor Luttrell asked if anyone on Council objected to holding the meeting electronically. Councilwoman Margaret Feierabend motioned to approve and Councilman Chad Keen seconded. The motion to continue the meeting electronically was approved unanimously by roll call vote. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: National Farmers Market Week - Councilwoman Lea Powers read the proclamation designating August 2-8, 2020 as Farmers Markets Week. Tennessee Women's Suffrage Centennial - Councilwoman Feierabend read the proclamation recognizing August 18, 2020 as the Tennessee Women's Suffrage Centennial. She also mentioned upcoming local events celebrating the Centennial. PRESENTATIONS: None. PUBLIC HEARINGS: Ordinance 20-9 - An Ordinance Amending and Restating the Future Land Use Plan and Policy City Manager Bill Sorah stated Ordinance 20-9 was approved by Council on first reading last month. Over the last several months, the Bristol Regional Planning Commission has been working through the  City Council Meeting August 4, 2020 Page 2 of 8 Comprehensive Plan for the City. An element of that process included the evaluation and development of the City's Future Land Use Plan and Policy. The development of the Future Land Use Plan included a collaborative process of community input and assessment of community needs based on existing land use and what the future land use should look like to meet those needs. This document is a critical component of the City's Comprehensive Plan due to its role in guiding development decisions of both the Planning Commission and City staff. The proposed Future Land Use Plan and Policy was adopted by the Bristol Regional Plarming Commission during their June 15"^ meeting and they forwarded to Council a unanimous recommendation for adoption. Ordinance 20-9 was approved on first reading last month which scheduled the public hearing tonight and the second reading is later on the agenda this evening. Ms. Cherith Young, Plarming Services Manager, summarized the Plan will update and refresh the existing Plan that was adopted in 2013. The proposed Plan has an overall updated design and introduction and explanation pages to be more user friendly. The Policy language is updated, additional land use deseriptions and images have been ineluded, the Future Land Use Map has been revised, and an inset map has been added for clarity. There were no comments. Ordinance 20-10 - An Ordinance to Amend the Zoning Ordinance by Adding a New Chapter 4A (Design Standards) and Making Other Conforming Changes The City Manager summarized Ordinance 20-10 was approved by Council on first reading last month. This was a fairly extensive project for the Planning Commission as they worked through design standards for several months prior to making a recommendation to City Council. These Design Standards are specific to commercially zoned property. The new Design Standards encourage a pro-active development strategy that will enhance and strengthen the aesthetic appearance and appeal along the major corridors by promoting quality building design and construction practices. They will apply to all business districts as well as the commercial overlay of the Volunteer Parkway and State Route 394. Ms. Cherith Young, Plarming Services Manager, presented additional information. A few of the key elements of the proposed ordinance include implementation of the Design Standards at the staff level as part of the site plan building permit review process. During this review process staff will ensure the project meets the Design Standards and ifthere should be an appeal on any decision, it would be referred to the Board of Zoning Appeals. The Design Standards utilize a menu of architectural features so there will be options and flexibility in meeting the standards. These standards will apply to all business districts, all B Districts, but they do not apply to industrial districts, residential structures, or single- family and duplex residential structures that are located in the business districts. They will apply to larger projects hence they will apply to brand new construction and to improvements of50% or greater ofthe footprint ofthe existing building. Existing prohibition of some building materials is being carried forward such as unpainted / unfinished concrete masonry block, no single sheet, corrugated, or ribbed panel metal siding, and limited use of wood such as to only what would be necessary to keep the integrity of historical design. The number of features chosen from the menu of architectural features is based upon the size of the project and includes items such as arches, accent materials, varying roof lines, columns, and dormers along with several others. For projects under 50,000 square feet, three of the architectural features will be required for the faqade facing the street and faqades adjacent to the street will have two features. For projects over 50,000 square feet, the faqade facing the street will have five architectural features and the faqades adjacent to the street will have three.  City Council Meeting August 4,2020 Page 3 of 8 The proposed ordinance includes the addition of several definitions to the current zoning ordinance and the removal of Section 408, replacing it with Chapter 4A which includes the list of architectural features and therefore, contains all of the Design Standards. The Planning Commission approved the proposed Design Standards at their meeting in December 2019 and forwarded a favorable recommendation to City Council. They suggested the addition of a definition for wood and instructed staff to consolidate the overlay into Chapter 4A. If the ordinance is approved on second reading, staff will move forward with developing a user-friendly guide illustrating some best use practices and along with the requirements of the ordinance. Vice Mayor Turner asked what would be involved to remove the section about appeals being reviewed by the Board of Zoning Appeals. City Manager Sorah replied there needs to be an appeal process that will provide an aggrieved party opportunity to express their concerns and allow them to take the issue one step beyond staff decision. Vice Mayor Turner asked if an appeal could be presented to the Planning Commission instead of the Board of Zoning Appeals. City Attorney Danielle Smith responded that by statute the Board of Zoning Appeals has jurisdiction over appeals from the zoning ordinance. The ordinance will need to be re-written if an appeal is not going to be heard by the Board ofZoning Appeals. Councilwoman Powers asked ifthis type ofissue does not go to the Board ofZoning Appeals,then what is the function of this board. The City Attorney replied the Board of Zoning Appeals is in place to hear appeals ofthe decisions made by staff when interpreting the zoning ordinance,among other things. They also make decisions in appeals in applications for variances, which is a zoning ordinance question. These functions are laid out in the statute that creates the Board of Zoning Appeals. Councilwoman Powers then asked if the ordinance is re-written so the Board of Zoning Appeals does not review appeals, what is left for them to do. City Attorney Smith said if the Board of Zoning Appeals is not responsible for hearing appeals for the Design Standards, they would still by law have jurisdiction over variances and administrative appeals of the zoning ordinance. After additional discussion on the appeals process for the Design Standards and the jurisdiction ofthe Planning Commission and the Board ofZoning Appeals, City Manager Sorah suggested there may be other options to address the issue brought up by Vice Mayor Turner. However, it is an issue for broader discussion which would be better suited for a future work session. There needs to be a vehicle to hear appeals including those of staff in terms of their interpretation of the zoning ordinance and what that process looks like can be determined at a future time. For the Design Standards, this needs to be part of the overall language for providing an appeals process. A discussion of the current appeals process is already an item on the August 25"^ work session agenda as requested by Council last week. Councilwoman Powers commended the planning staff and the Planning Commission for the all their work during the long process of preparing these standards. It is a great document and gives clarity without being too overreaching. Vice Mayor Turner concurred. There were no additional comments. Resolution 20-75 - A Resolution Adopting a Community Development Block Grant 2020-2024 Consolidated Plan and 2020-2021 Action Plan and Approving Submission of the Consolidated Plan to the U. S. Department of Housing and Urban Development to Request CDBG Grant Funding and HOME Funding in 2020-2021 City Manager Sorah commented that every year Council reviews an Action Plan based on the Community Development Block Grant(CDBG)and the HOME Consortium. However,every five years, the City of Bristol, Tennessee is required to submit a Consolidated Plan to the U. S. Department of Housing and Urban Development(HUD)in order to maintain status as a CDBG Entitlement City and  City Council Meeting August 4, 2020 Page 4 of 8 Lead Entity for the Northeast Tennessee / Virginia HOME Consortium. This Plan includes a Needs Assessment, Market Analysis, Strategic Plan, and a One-Year Action Plan. Before the Plan can be approved two public hearings are required. The first was held in September 2019 at the Community Development Advisory Committee (CDAC) meeting which was followed by opportunity for public input in November and December, and multiple meetings with community non-profits and public housing authorities through spring 2020. This is the second public hearing. The attached Development Services Memorandum 20-163 details the recommended expenditures for the CDBG funds and the HOME Consortium funds for 2020-2021. The CDAC held a called meeting electronically on July 28, 2020 and voted to send a favorable recommendation to Council for approval of the expenditures. Christina Blevins, Community Development Specialist, explained the Consolidated Plan is a five-year plan (2020-2024) designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The City of Bristol, Tennessee is the lead entity which consists of the Cities of Bristol, Kingsport, Johnson City, Bluff City, and Counties of Washington and Sullivan in Tennessee and the Independent City of Bristol, Virginia. The Plan is a 306-page document which includes the Needs Assessment, a Market Analysis and Strategic Plan and also contains the HUD Grant year 2020 One-Year Action Plan for both CDBG and Northeast TennesseeWirginia HOME Consortium. She presented a summary of the objectives and outcomes identified in the Plan Needs Assessment Overview and of the citizen participation and consultation processes. Ms. Blevins then gave an overview of the One-Year Action Plan and informed the public where they can obtain a copy of the documents. There were no comments and the public hearing was closed. APPEARANCE OF CITIZENS: None. APPOINTMENTS: Better Property Board - City Council addressed the vacancy of one seat on the Better Property Board for an unexpired term of office ending June 30, 2022. Councilwoman Feierabend spoke on behalf of both candidates. Vice Mayor Turner stated that since he was unable to speak with either candidate prior to the meeting, he will not be voting. Councilman Keen and Mayor each spoke on behalf of both candidates. The vote was as follows: Vice Mayor Turner No vote Councilwoman Feierabend David Rudd Councilman Keen Lonnie Barrett Councilwoman Powers Lonnie Barrett Mayor Luttrell David Rudd City Manager Sorah said an appointment requires a minimum of three votes. Therefore, unless there is a change of vote or a different vote no appointment will be made at this time. Per Council Rules and Procedures, the appointment is deferred to the September meeting and applicants must resubmit their applications in order to be considered for the position. Councilwoman Powers requested that Council City email information be included on the applications. The City Manager stated that can be done and continued by saying the majority of applications are received via electronic format through the City website which includes all of the contact information, but the candidates can be encouraged to make contact with Council. Mayor Luttrell said the candidate  City Council Meeting August 4, 2020 Page 5 of 8 contact information is included in the information Council receives and he feels it is also a responsibility of Council to reach out to the candidates. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: None. B. Second Reading of New Ordinances: Ordinance 20-9 - An Ordinance Amending and Restating the Future Land Use Plan and Policy This item was summarized during the Public Hearing portion earlier on this Agenda. Vice Mayor Turner motioned to approve Ordinance 20-9 and Councilwoman Powers seconded. Councilwoman Feierabend said there has been a lot accomplished during a difficult time. There was no additional discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. Ordinance 20-10 - An Ordinance to Amend the Zoning Ordinance by Adding a New Chapter 4A (Design Standards) and Making Other Conforming Changes This item was summarized during the Public Hearing portion earlier on this Agenda. Councilwoman Feierabend motioned to approve Ordinance 20-10 and Councilman Keen seconded. Councilwoman Feierabend expressed her appreciation for the excellent product resulting from a lot of hard work. There was no additional discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. C. Resolutions: Resolution 20-75 - A Resolution Adopting a Community Development Block Grant 2020-2024 Consolidated Plan and 2020-2021 Action Plan and Approving Submission of the Consolidated Plan to the U. S. Department of Housing and Urban Development to Request CDBG Grant Funding and HOME Funding in 2020-2021 This item was summarized during the Public Hearing portion earlier on this Agenda. Councilman Keen and Councilwoman Feierabend commended City staff, and specifically Christina Blevins, for all the work in preparing the Plans and administering the grants in addition to representing the City well in working with these community organizations. Councilman Keen motioned to approve Resolution 20- 75 and Councilwoman Feierabend seconded. There was no additional discussion, a roll call vote was taken, and the resolution passed unanimously. Resolution 20-76 - A Resolution Authorizing a Member's Spouse to be Eligible for an Option I Death Benefit for Employees of a Political Subdivision Participating in the Tennessee Consolidated Retirement System in Accordance with Title 8 Section 34 Through 37 of the Tennessee Code Annotated The City Manager said as was discussed at the last work session. City employees are provided retirement benefits based upon two plans offered by the Tennessee Consolidated Retirement System. Employees who were hired prior to January 1, 2015 participate in the TCRS Legacy Plan. Employees who were hired after January 1, 2015 participate in the TCRS Hybrid Plan. Approximately sixty percent of the City's employees have retirement benefits provided through the TCRS Legacy Plan. Staff was recently made aware that the Legacy Plan was adopted by the City without a survivor death benefit for spouses of employees who died while still actively employed by the City. Under the TCRS Option 1 Death  City Council Meeting August 4, 2020 Page 6 of8 Benefit, an employee that passes away while actively employed by the City and has ten years of service, the surviving spouse is allowed to receive the employee's retirement benefit based upon their years of service at the time of death. The survivor death benefit is automatically provided to employees enrolled in the Hybrid Plan. Staff queried TCRS representatives regarding potential remedies to provide the survivor death benefit for employees covered under the Legacy Plan. TCRS calculated the cost of implementing the Option 1 Death Benefit at a one-time payment of $220,444. Resolution 20-76 formally authorizes the addition of the Option! Death Benefit for employees participating in the TCRS Legacy Plan retirement program for the one-time payment of $220,444 and it also moves the date for this benefit back to June 1, 2020. Vice Mayor Turner commented this was something needed for the employees and motioned to approve Resolution 20-76. Councilwoman Powers seconded. The resolution passed unanimously by roll call vote. Resolution 20-77 - A Resolution Authorizing Line-Of-Duty Death Benefits to a Deceased Member's Surviving Spouse or Surviving Minor Children in Accordance with Tennessee Code Annotated, Section 8-36-108(B) City Manager Sorah explained this is a companion issue to Resolution 20-76. During the discussions with TCRS about the Legacy Plan benefit deficiency, staff asked ifthere were any other issues that might be weak and need to be addressed and hence, learned that the Line of Duty Death Benefit option for Legacy Plan employees had not been authorized by the City. The Line of Duty Death Benefit is automatically provided for employees participating in the Hybrid Plan. This benefit is provided at no cost to the City, but City Council is required to elect to exercise this benefit. Under this benefit, the surviving spouse or minor children of an in-service employee killed in the line of duty as a result of accident or violent act would be entitled to a benefit equal to half of the employee's average final compensation. This is basically a housekeeping measure that was provided to the City by TCRS during a review ofthe Option 1 Benefit(Resolution 20-76). Justin Ball, Regional TCRS Representative for the City, was in attendance to answer any questions. Councilwoman Powers expressed appreciation to TCRS for working so closely with the City in taking care of these issues. There are a lot employees that could potentially be affected by these benefits. She also expressed appreciation to Mary Lee Williams, Director of Administration, for coordinating the efforts for these benefits. Councilman Keen and Mayor Luttrell concurred. There was no additional discussion and Councilman Keen motioned to approve the resolution and Councilman Turner seconded. Resolution 20-77 passed unanimously by roll call vote. CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Councilwoman Powers made a motion for approval and Councilwoman Feierabend seconded. The following items were approved by unanimous Council roll call vote: ■ Minutes July 7, 2020 City Council Meeting ■ Minutes July 28, 2020 City Council Work Session  City Council Meeting August 4, 2020 Page 7 of8 ■ Resolution 20-78 A Resolution Designating Members of the City Council to Serve on City Boards and Quasi-Municipal and Non-Municipal Agencies ■ Resolution 20-79 A Resolution Approving an Agreement with the First Tennessee Development District for Program Administration for the Northeast Tennessee/Virginia HOME Consortium ■ Resolution 20-80 A Resolution Amending an Award of Bids for the Purchase of Water and Sanitary Sewer Supplies ■ Resolution 20-81 A Resolution Authorizing Agreement for Engineering Services for Water Filtration Plant Wash Water Tank Improvements ■ Resolution 20-82 A Resolution Approving an Agreement with the YWCA and Providing Funding Support ■ Resolution 20-83 A Resolution Authorizing a Standard Abbreviated Form of Agreement Between Owner and Architect for HVAC Replacement at City Hall Facility BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor updated Council on the school opening situation. Things are changing very rapidly, so the school system is trying to prepare for every scenario. The school board adjusted the school year calendar slightly to allow more time for teachers to engage in professional development so the first day of school has been changed to Thursday, August All students will be remote that day so no students will report to campus that day. The teachers will contact the students either on-line or by telephone to ensure all students are in contact with their teachers. Dr. Tudor said this will be followed by a staggered in-person orientation for all students and explained the process. The results ofthe student family survey were finalized as to the learning method best suited for their situation with approximately 75% selecting in-person and 25% selecting remote learning. The schools are preparing staff and students for both remote and in-person learning as the situation will remain fluid for some time to come. Vice Mayor Turner asked what drives the decision process for this school year—the health department, the state, etc. Dr. Tudor replied the decision ultimately comes from the board of education. At the regular August board meeting, they will be approving the school plan, the framework of which was a collaboration between the schools systems in Sullivan County, Kingsport City, and Bristol City in partnership with the Sullivan County Health Department. The information about the rate ofspread comes from the health department so the school system defers to them for the medical reasons for opening or staying remote. There is a threshold within the framework which utilizes the epicurve as the metric to help make decisions. Additional discussion about the particulars ofthe decision making process ensued. Dr. Tudor then shared pictures of the new middle school construction. Mayor Luttrell expressed the appreciation and support of Council for Dr. Tudor and the school system. CITY MANAGER'S REPORT: City Manager Sorah mentioned the Executive Order issued by Governor Lee that extends the ability for local governments to meet electronically through August 29"^. As such, he asked Council their preference for the August 25"^ 11:00 A.M. work session and they decided to hold the session  City Council Meeting August 4, 2020 Page 8 of 8 electronically. Wednesday, August 26"^ is the annual State of the Cities luncheon which may also be conducted virtually beginning at noon. Wednesday, August 12^^ at 8:00 A.M. is the virtual meeting for NETWORKS and he encouraged Council to check their email for details of this important meeting as they continue the regional discussion. CITY COUNCIL COMMENTS: Councilwoman Feierabend talked about the higher COVID case numbers in the region and the importance of following the recommended guidelines to help curb the spread. She also expressed appreciation to City staffand the school system for working diligently through these unusual and difficult times over the past several months and encouraged everyone to take care of themselves physically, medically, and mentally as we will apparently be operating under the current circumstances for some time to come. Councilman Keen said he is thankful for all ofCity staff, school staff, the board ofeducation,and Council members. He then said a special word of thanks for the police department and encouraged them to continue to do a good job as many disparaging events are taking place across the country. Councilwoman Powers stated everyone is somewhat at a loss at this time and will be so for a while longer. We are not able to function in the organized manner to which we are all accustomed and the uncertainties present many difficulties including parents trying to figure out child care and remote learning while also trying to return to work. She complimented Dr. Tudor and the school system for trying to cover all the bases while dealing with this moving target. She encouraged everyone to use patience, to be flexible, and extend grace in our dealings with others. Everyone is mentally and emotionally exhausted after months of the pandemic, both in the workplace and at home, and she cautioned people to not be reactionary but to use patience. Vice Mayor Turner agreed with all of the previous Council comments. Today is day 154 since a state of emergency was declared. He commended all ofthe City departments for the continuation of services while also dealing with life on a personal as well as professional level for this length oftime. Great job. Mayor Luttrell concurred and commented that it will take everyone working together to get through. We owe it to ourselves and our community to do everything we can and to set the examples. He strongly encouraged everyone in the community to continue wearing masks and practice social distancing wherever possible. Wearing masks does work in reducing the spread of the virus and we must remain diligent. We need to remind our families, friends, and ourselves of the importance of getting the virus under control. There being no further business, the meeting was adjourned at 8:47 P.M. rirzr((y. ^ ^^ Mahlon Luttrell, Mayor C/ // Lf // Tara E. Musick, City Recorder