City Council

MINUTES OF THE CITY OF BRISTOL,TENNESSEE CITY COUNCIL MEETING October 6,2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, October 6, 2020 at 7:00 P.M. The meeting was held electronically via Zoom. ROLL CALL: Present: Mayor Mablon Luttrell, Vice Mayor Vince Turner, Councilwoman Margaret Feierabend, Councilman Chad Keen, and Councilwoman Lea Powers. Others Present: City Manager William Sorab, City Attorney Danielle Smith, City Recorder Tara Musick, Director of Development Services Tim Beavers, Fire Chief Mike Carrier, and other members of City staff. INVOCATION AND PLEDGE OF ALLEGIANCE: Mike Carrier, Bristol Tennessee Fire Chief, gave the invocation. Major Tim Eads of the Bristol Tennessee Police Department 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. Councilwoman Margaret Feierabend motioned to continue the meeting electronically and Councilman Chad Keen seconded. The motion passed unanimously by roll call vote. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Fire Prevention Week - Councilwoman Lea Powers read the proclamation designating the week of October 4-10, 2020 as Fire Prevention Week in Bristol, Tennessee. She thanked the Fire Department for their efforts to keep the community and citizens safe. Mike Carrier, Bristol Tennessee Fire Chief, accepted the proclamation and detailed the upcoming events to help educate school students and citizens about fire safety despite the challenges presented by the coronavirus. National Community Planning Month - Councilman Keen read the proclamation recognizing the month of October 2020 as National Community Planning Month and expressed his appreciation to the staff of the Planning Division and Department of Development Services for all of their efforts. Cherith Young, Planning Services Manager, accepted the proclamation and thanked the Council, City Manager and other members of management, the Planning Commission and the Planning staff as well as other departmental staff across the City for recognizing work performed by planners in and for the community. Recognizing Adverse Childhood Experiences (ACEs) Awareness Month - Councilwoman Feierabend read the proclamation recognizing October 2020 as Adverse Childhood Experiences Awareness Month and October 22"'' as ACEs Action Day. She thanked Council and Bristol's Promise  City Council Meeting October 6, 2020 Page 2 of9 for working to raise public awareness of the problems that can occur as result of ACEs and eneouraged the community to seek information concerning these issues. Domestic Violence Awareness Month - Vice Mayor Vince Turner read the proclamation recognizing the month of Getober 2020 as Domestie Violence Awareness Month. Major Tim Eads, Bristol Tennessee Police Department(BTPD), accepted the proclamation and thanked Council for their efforts to help raise public awareness of this serious issue. He gave information for the Vietims Services Unit of the BTPD and mentioned other resources available in the community that provide assistance for victims of domestic violence. PRESENTATIONS: None. PUBLIC HEARINGS: Ordinance 20-11 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3(General Business) - 2620 Volunteer Parkway City Manager Bill Sorah summarized Ordinance 20-11 is an item for consideration on second reading later on the agenda which amends the zoning designation for property located at 2620 Volunteer Parkway. This is a request initiated by the owner which is Powell Valley National Bank. The pareel totals approximately 2.45 acres and currently has a split zone designation with 1.68 acres zoned as B-3 and 0.77 acres zoned as R-3. The request by the owner is for the 0.77 acres to be rezoned from R-3 to B-3. This would provide a uniform zoning designation for the entire parcel and make it more attractive for marketing. At their August 17^^ meeting, the Planning Commission reviewed the request and voted unanimously to send a recommendation supporting the rezoning request. City Council considered and passed Ordinance 20-11 on first reading during the September meeting Ms. Cherith Young, Planning Services Manager, provided additional information beginning with a picture ofthe parcel. She presented maps ofthe parcel showing the current zoning ofthe parcel and that of the surrounding area. A list of permitted uses for the zones pertinent to this property were presented. Staff utilized the Future Land Use Plan, Map, and Policy in formulating their recommendation to the Planning Commission. Proper public notification processes were followed with five responses reeeived all of whieh were in opposition to the proposed rezoning. There were two attendees at the Planning Commission meeting on August 17"^ that spoke in opposition. Ms. Young spoke with one of those attendees by phone earlier today. After learning more about the project they are no longer opposed, but speak only for themselves. The publie hearing for tonight was advertised as required. She restated the Planning Commission reviewed the request during their August meeting and voted unanimously to send a recommendation to Council in support of the rezoning. Mr. Fred MeClellan called to speak to Council. He represents the owner, Powell Valley National Bank, and lives in Abingdon. Virginia. He expressed appreciation to the Council and the City for the process in place to address this issue which is not only thorough, but allows for all the affected parties to speak whether they are for or against the request. The rezoning request was made after a potential buyer under contract realized a 0.77 acre portion of the parcel would be unusable for their purpose and subsequently terminated the eontract. As result, the owner / client requested consideration of changing the zoning of the parcel back to one zone as it was in years past prior to becoming a split-zone parcel. The goal is to  City Council Meeting October 6, 2020 Page 3 of9 make the property, currently in a run-down state, useable and productive again. Mr. McClellan again thanked Council for the opportunity and stated they would abide by the decision of Council regardless of the outcome. There were no additional comments and the public hearing was closed. APPEARANCE OF CITIZENS: None. APPOINTMENTS: Board of Zoning Appeals - City Council addressed the vacancy of five seats on the Board of Zoning Appeals with the initial terms of office being one, two, three, four, and five years and ending September 30 corresponding to the years 2021, 2022, 2023, 2024, and 2025. Councilwoman Feierabend spoke on behalf of several of the candidates as did Vice Mayor Turner. Mayor Luttrell explained the length ofthe term of office to be served by the candidates selected will be discussed and determined at the Council work session on October 27'^^. The vote was as follows: Mayor Luttrell Matt Cross, Dustin Goforth, David Rudd, Joel Staton, and Katherine Stigers Vice Mayor Turner Dustin Goforth, David Rudd, and Joel Staton Councilwoman Feierabend Dustin Goforth, David Rudd, Joel Staton, and Katherine Stigers Councilman Keen Matt Cross, Dustin Goforth, David Rudd, and Joel Staton Councilwoman Powers Dustin Goforth, David Rudd, and Joel Staton Mr. Dustin Goforth, Mr. David Rudd, and Mr. Joel Staton were appointed to serve on the Board of Zoning Appeals. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 20-12 - An Ordinance to Amend Chapter 14 (Buildings and Building Regulations) of the Code of Ordinances by Adopting the International Residential Code, 2018 Edition, By Reference City Manager Sorah stated Ordinances 20-12, 20-13, and 20-14 are all somewhat related and amend Chapter 14 ofthe City's Code of Ordinances. They are also an element of recent conversations in terms ofcreating better opportunities or incentives to stimulate residential development within our community. There have been discussions about whether the City has adopted certain codes that might be viewed as an impediment to residential development. All of these ordinances relate to residential building codes and even though they are all related, they need to be addressed separately. Ordinance 20-12 deals with the International Residential Code. The City currently enforces provisions established in the 2012 International Residential Code. The City of Bristol is an exempt jurisdiction which allows the City primacy in plans review, permitting, and inspection of building construction activity in our community. The State of Tennessee recently adopted the 2018 International Residential Code with some notable exceptions. As an exempt jurisdiction, the City must adopt building codes that are within seven years of the latest published edition. This adoption of the 2018 International Residential Code by the State of Tennessee establishes the minimum building codes for residential construction that must be met by builders. Tim Beavers, Director of Development Services, was present to detail the exceptions to the  City Council Meeting October 6, 2020 Page 4 of9 2018 International Residential Code as adopted by the State of Tennessee. If approved on first reading, the issue will be placed on the November 3'^'' agenda for final consideration. Mr. Beavers said staff recommends the approval of Ordinance 20-12 adopting the 2018 International Residential Code with the exceptions detailed in the ordinance and approved by the State of Tennessee. These are the minimum codes the City has to adopt. He listed the exceptions and explained each one and then listed the Appendices E, F, H, I, J, K, M, O, P, Q, R, and S that are also recommended for adoption. The missing letters are those of reference appendices. Councilwoman Feierabend asked if adopting this ordinance will help put the City in line with our neighbors. Mr. Beavers replied Kingsport adopted the 2018 code before the State did. There are some differences which Kingsport will change to meet the requirements. Johnson City is still using the 2012 code. The code divisions in the area are in communication and are trying to adopt similar regulations. However, the City must adopt the minimum State requirements. Staff has reviewed all the bullet points he presented to Council and they have found nothing wrong with those exceptions and feel it is a good place for us to land as a City and a community to develop residential properties. Vice Mayor Turner motioned to approve the ordinance and Councilman Keen seconded. Vice Mayor Turner stated these are all good things. Ordinance 20-12 was then passed unanimously by roll call vote without further discussion. Ordinance 20-13 - An Ordinance to Amend Chapter 14 (Buildings and Building Regulations) of the Code of Ordinances by Adopting the International Energy Conservation Code,2018 Edition, By Reference, to Apply to Residential Construction City Manager Sorah said in keeping with the theme of Ordinance 20-12 to amend Chapter 14 of the City's Code of Ordinances, Ordinance 20-13 relates to the Energy Conservation Code used in residential construction. The City currently enforces standards established in the 2012 International Energy Conservation Code. The State of Tennessee recently adopted the 2018 International Energy Conservation Code as it relates to residential construction with some notable exceptions. As an exempt jurisdiction,the City must adopt building codes that are within seven years ofthe latest published edition. This adoption ofthe 2018 International Energy Conservation Code by the State of Tennessee establishes the minimum energy conservation code for residential construction that must be met by builders. Tim Beavers, Director ofDevelopment Services, was present to detail the exceptions to the 2018 International Energy Conservation Code as adopted by the State of Tennessee. Mr. Beavers mentioned this code is very similar to the residential code although with only four exceptions which he then described. Councilman Keen asked when Johnson City would have to adopt the updated code. The City Manager responded that in order for Johnson City to maintain their exempt status, like Bristol, they must adopt building codes that are within seven years of the latest published edition. Since they are using the 2012 edition they will need to make a change soon. Councilman Keen motioned to approve the ordinance and Councilwoman Powers seconded. Councilwoman Powers commented this goes along with several discussions of Council and is a step in the right direction in moving forward with efforts to encourage developers. Ordinance 20-13 was then passed unanimously by roll call vote without further discussion.  City Council Meeting October 6, 2020 Page 5 of9 Ordinance 20-14 - An Ordinance to Amend Chapter 14 (Buildings and Building Regulations) of the Code of Ordinances by Adopting the National Electrical Code,2017 Edition, By Reference City Manager Sorah commented Ordinance 20-14 is the last ofthese three ordinances to amend Chapter 14 ofthe City's Code of Ordinances as it relates to the National Electrical Code in building construction. As an exempt jurisdiction, the City must adopt building codes that are within seven years of the latest published edition. The State of Tennessee recently adopted the 2017 National Electrical Code with some notable exceptions. The adoption of the 2017 National Electrical Code by the State of Tennessee establishes the minimum electrical code for building construction that must be met by builders for all construction and not just residential. Tim Beavers, Director of Development Services, was present to detail the exceptions to the 2017 National Electrical Code as adopted by the State of Tennessee. Mr. Beavers explained the State is currently using the 2017 National Fire Protection Association National Electrical Code. To be consistent with the State and because the City is an exemptjurisdiction, we need to stay within seven years ofthe code adopted by the State. Staffrecommends Council approve adoption ofthe National Electrical Code 2017 edition and as previously stated by the City Manager this is for all buildings not just residential. Mr. Beavers outlined the couple of exceptions in the State ordinance. The City needs to adopt the code with the exceptions as a minimum to remain in compliance as an exempt jurisdiction. Councilman Keen asked when Johnson City will need to adopt the code. The City Manager replied that since Johnson City is also an exempt jurisdiction they must stay within seven years of the code adopted by the State. Therefore, since Tennessee has adopted the 2017 edition Johnson City will need to make changes to be consistent with the minimum requirements of the State. Mr. Beavers confirmed that Johnson City is using the 2012 edition and the 2020 edition will be published by the International Code Council this month so to be within the seven-year timeframe they will need to adopt a newer edition in the near future. Councilman Keen asked if we were going to be consistent with the Tri-Cities. City Manager Sorah reiterated once the State moves to a minimum standard, if the City is to maintain the exempt jurisdiction status which gives us primacy over the regulation of building construction we have to catch up with that minimum standard. Vice Mayor Turner motioned to approve Ordinance 20-14 and Councilwoman Feierabend seconded. There was no further discussion and the ordinance passed unanimously by roll call vote. Ordinance 20-15- An Ordinance to Amend Chapter 6(Alcoholic Beverages), Article III(Beer) of the Code of Ordinances to Allow Delivery of Beer City Manager Sorah summarized this item was discussed at the September 22"^^ work session. In addition, on April 3'^'' City Council approved Resolution 20-28 which provided temporary regulations for the sale of beer by delivery. As Council will recall. Governor Lee issued Executive Order No. 17 which, among other things, permitted restaurants and limited service restaurants that held a Tennessee Alcoholic Beverage Commission permit to sell alcoholic beverages or beer for takeout or delivery as long as the conditions set forth in Executive Order No. 17 were met. What it did not do is extend that same opportunity to establishments such as a craft brewery that did not have a food element as part of their business model. Resolution 20-28 extended this privilege to holders ofbeer permits for on-premises consumption, manufacturing, and dual permit holders regardless of whether they sell prepared foods. Resolution 20-28 expired on May 31, 2020 and ended the ability of certain beer permit holders, such as craft breweries, to provide the delivery of beer to customers inside city limits.  City Council Meeting October 6, 2020 Page 6 of9 Staff has been approached by businesses meeting this criteria that have requested consideration of an amendment to the beer ordinance to allow for the permanent delivery of beer by holders of on-premises, manufacturing, and dual permits. Ordinance 20-15 amends the City's Beer Ordinance to allow for the delivery of beer by holders of on-premises, manufacturing, and dual permits issued by the City's beer board, but not also having a permit issued by the Tennessee Alcoholic Beverage Commission. Under provisions set forth in the proposed amendment, the delivery of beer would be limited to addresses located within the city limits. In addition, employees conducting the deliveries must be at least 21 years of age and have the same responsibilities of verifying the legal age and sobriety ofthe purchaser as sales occurring on-premises. Legal Memorandum 20-37, prepared by Ms. Danielle Smith and available on BoardDocs, details the issue. Vice Mayor Turner motioned to approve the ordinance and Councilman Keen seconded. There was no further discussion and Ordinance 20-15 was approved unanimously by roll call vote. B. Second Reading of New Ordinances: Ordinance 20-11 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3(General Business)- 2620 Volunteer Parkway This item was summarized during the Public Hearing portion earlier on this Agenda. Councilwoman Feierabend motioned to approve Ordinance 20-11 and Mayor Luttrell seconded. There was no additional discussion, a roll call vote was taken, and the ordinance passed unanimously on second reading. C. Resolutions: None. 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 September 1, 2020 City Council Meeting ■ Minutes September 22, 2020 City Council Work Session ■ Resolution 20-95 A Resolution Approving a Moratorium on State Standardized Testing for the 2020-2021 School Year ■ Resolution 20-96 A Resolution Adopting the Sullivan County Multi-Hazard Mitigation Plan ■ Resolution 20-97 A Resolution Authorizing Entry into Engineering Services Agreement for Grit Removal System Improvements ■ Resolution 20-98 A Resolution Authorizing the Emergency Purchase of Commercial Extractors and Drying Cabinets for the Fire Department ■ Resolution 20-99 A Resolution Approving the Public Transportation Agency Safety Plan for Bristol Tennessee Transit  City Council Meeting October 6, 2020 Page 7 of9 ■ Resolution 20-100 A Resolution Authorizing Purchase of GPS Equipment ■ Resolution 20-101 A Resolution Authorizing the Emergency Purchase of Bi-Polar lonization Devices for City HVAC Units BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, thanked Council for supporting the resolution for the moratorium on State Standardized Testing. The students have not been learning in a typical environment at a normal pace this school year. In addition, teachers are navigating probably the most difficult school year of their careers. Both of these situations make it difficult to require the testing this year as the results become part ofthe students' grade average and are included as part ofthe teachers' evaluation in addition to ranking the schools and the district in comparison to other schools and districts across the state. During the first quarter of the school year, staff and students have been kept as safe as possible with only two staff and eight students testing positive for the virus from the beginning ofthe school year which is less than one quarter ofone percent ofthe entire student and staff population. This is significant success which can be attributed to the hard work of the staff in implementing the safety protocols and the diligence of the students in following those protocols. Because of this success, all of the secondary school students who chose in-person learning will be back after fall break week. They have been on a hybrid schedule with in-person two days a week and remote learning three days a week. After fall break, those who choose to can begin in-person learning five days a week. There is a variety of reasons why it is good to have the students physically present in the schools including social interaction and having a normal schedule. There will be a grand opening of the new middle school gymnasium on Tuesday, November 3''''. CITY MANAGER'S REPORT: City Manager Sorah mentioned that 9:00 A.M. Thursday, October 22"'' is an event to showcase the work that has been done at the Aerospace Park. The Council work session is on October 27"' and he asked Council which format they would prefer: in-person, electronical, or a hybrid comprised of both formats. Council agreed to meet via Zoom. The preconstruction meeting was held October P'for the East Cedar Street Project and the notice to proceed begins October 12"^. Due to its scope and location, communications will be an integral part of this project. Jon Luttrell, Director of Community Relations, updated Council on the communications plan. There will be two informational meetings for the approximately 400 residents and businesses in and immediately surrounding the project area. Postcards were mailed notifying those citizens of the opportunity to attend either of the two 6:00 P.M. sessions, October 20'" or October 27"', in the Slater Center gymnasium. City engineering staff and representatives from Mattem and Craig and Baker Construction will be in attendance to discuss the scope and estimated timelines of the project and to answer questions. The meetings will be advertised via the City website and social media and they will also be recorded and placed on YouTube for viewing by anyone that is not comfortable with attending the meeting in-person. A news release with this information and some additional information will be released shortly. The City Manager discussed the reopening of the Slater Senior Center. The Tennessee guidelines for reopening senior centers were released last week and until then had been grouped with those governing nursing homes and other types of senior living facilities. Recognizing senior centers serve a little different clientele, they were separated from the other facilities with their own guidelines for reopening in the coming weeks. Terry Napier, Director of Parks and Recreation, and his staff have been working through those guidelines to determine a safe and responsible reopening ofthe Slater Center. Mr. Napier  City Council Meeting October 6, 2020 Page 8 of9 detailed some of the guidelines and how the City is working to meet them. Limiting the number of participants will be addressed alphabetically based on last names so halfthe alphabet can enter the center on Mondays and Wednesdays and the other half on Tuesdays and Thursdays. The City is in contact with other senior centers in the Tri-Cities and everyone is using a similar approach and timeframes for reopening. There will be a news release and website updates about the activities that will be offered. The classes will begin gradually to avoid an influx of people—both instructors and participants. Everything will be set up to observe social distancing and no food will be served in-house, although the home delivery for shut-ins will continue. Masks will be required except when you are participating in an exercise class or on a piece of equipment. Another issue that must be factored in is the Slater Center is an early voting site and will require coordination between the groups of persons involved for each event. Senior center participants will be screened prior to entry into the facility and additional cleaning / sanitizing procedures and equipment are being put in place as well. The City is aware the center is used not only for exercise, but also for the social aspect so staff is making every effort to reopen the facility to the public while working with the state guidelines and the local health department to help keep everyone safe and healthy. Mayor Luttrell asked about the parks, playgrounds, and golf course and Mr. Napier replied that everything else is open. Signs are posted reminding everyone the playground equipment is not being sanitized. The golf course has remained open, however, golf cart rentals were only reinstated last week and are limited to one person per cart unless it is a family member. The Nature Center opened this week. The only activity not operating at some level is basketball. The goals were taken down early in the pandemic and have not been put back, but is the next step that will be discussed. Staff is trying to coordinate all of these efforts with the other cities in the region as much as possible. Councilwoman Powers requested Mr. Napier share information from the discussion with Believe In Bristol (BIB) regarding Halloween activities. He replied the BIB board suggested not planning any events that would draw large crowds such as the Annual Pumpkin Palooza, but let any activities be driven by the merchants. Therefore, window decorations have been placed in downtown businesses in an effort to keep the residents spread out while still having some holiday activity. They are thinking ahead to Christmas and trying to plan things to have some activity and provide holiday atmosphere without drawing large crowds. CITY COUNCIL COMMENTS: Councilwoman Powers talked about the upcoming holidays and ways to support the downtown merchants particularly during the Christmas shopping season. During the last few months four small businesses closed and six new ones opened, but all the merchants need support of the community. She discussed activities involving some of the local non-profit organizations and community interactions. She hopes in-person meetings will be able to safely resume in the near future. Vice Mayor Turner asked how the latest guidelines released by the governor affect the downtown showcase and similar events. City Manager Sorah answered that the restrictions concerning the number of people in a specific location have been replaced by social distancing and the best management practices that everyone is now familiar with. Councilman Keen stated he is proud of the school system and the very low cases of COVID thus far in the school year and the opening of the gym at the new middle school. He is pleased about the progress of the Aerospace Park and looking forward to hearing where things are headed. He thanked Councilwoman Powers for sharing all the information concerning the downtown and encouraged support of all the local businesses, especially during the Christmas shopping season.  City Council Meeting October 6, 2020 Page 9 of9 Councilwoman Feierabend dittoed the previous remarks by Council. She too, is very pleased with the low case numbers in the school system and acknowledged it takes a lot of care on the part of everyone to maintain that level of safety and she hopes it will continue. Theatre Bristol, along with other entities in the arts community, have been particularly hard hit during the pandemic and have not yet received much assistance. The volunteers have not been able to grow and showcase their talents during this time, but they are currently working on the radio play,"War of the Worlds" which is now available on their website and they are planning to prepare a similar type play for the Christmas holidays. She reminded everyone ACEs Action Day is October 22""^ and mentioned several organizations that are local resources to assist with these issues. Councilwoman Powers asked if it would be possible to change the date of the November Council business meeting since it coincides with the date of the presidential election. All the Council members agreed to change the date of that meeting to November 10"^. City Manager Sorah commented that hopefully by the time of the work session on October 27"^, the governor will have decided whether or not to extend the ability for governing bodies to meet electronically. Mayor Luttrell expressed appreciation to all those who applied to serve on the boards and commissions and encouraged those who were not appointed this evening to continue to apply as slots become available. Council appreciates your willingness to be a part of helping to make this a great place to live and work. He congratulated Justin Bush and Jimmy Dillard ofthe Bristol Tennessee Police Department on their recent promotion to lieutenant. As the area continues to grow, adopting the new code standards is a great step to keep Bristol competitive with the region for development / new construction of residential homes and he thanked stafffor their work toward this endeavor to help incentivize developers to build here. Bristol is open for business. He then expressed his appreciation to all City staff and employees for the work performed for the community on a daily basis. He also thanked Council for working for the citizens and the community. There being no further business, the meeting was adjourned at 8:51 P.M. ^ Mahlon Luttrell, Mayor Tara E. Musick, City Recorder