City Council

MINUTES OF THE CITY OE BRISTOL,TENNESSEE CITY COUNCIL MEETING November 10, 2020 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, November 10, 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, Director of Development Services Tim Beavers, and other members of City staff. INVOCATION AND PLEDGE OE ALLEGIANCE: Danny Hill, Bristol Virginia Recreation Superintendent, gave the invocation. Tyrone Foster of the Bristol Virginia School Board 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 proteet public safety, health, and welfare due to the Coronavirus pandemic. Councilwoman Lea Powers motioned to continue the meeting electronically and Vice Mayor Vince Turner seconded. The motion passed unanimously by roll call vote. AGENDA ADDITIONS AND / OR CHANGES: None. PROCLAMATIONS AND RECOGNITIONS: Small Business Saturday - Councilwoman Powers read the proclamation designating November 28, 2020 as Small Business Saturday in Bristol, Tennessee. Maggie Bishop, Executive Director of Believe In Bristol, was present to accept the proclamation. Councilwoman Powers thanked Ms. Bishop for all the work she does for the downtown community and the citizens of Bristol. Ms. Bishop expressed her appreciation to Council for the proclamation. She explained how shopping small businesses impacts the community and the residents, and mentioned ways to stay safe while supporting local businesses during the holidays. Councilwoman Powers asked if she could discuss the holiday open house. Ms. Bishop said due to COVID, the event will be very different this year and that a formal armouncement is forthcoming. Certificate of Achievement for Excellence in Financial Reporting - Mayor Luttrell recognized Tara Musick, Director of Finance, and the department for receiving the Certificate of Achievement for Excellence in Financial Reporting(CAFR)for FY2019, which is the I?"' consecutive year of receiving this award. On behalf of the Finance Department, Ms. Musick thanked Council and the City Manager for encouraging the department to promote sound accounting practices and transparency in financial reporting.  City Council Meeting November 10, 2020 Page 2 of9 PRESENTATIONS: None. PUBLIC HEARINGS: None. APPEARANCE OF CITIZENS: Mr. Val Kosmider, representing Boone Lake Association of Piney Flats, Tennessee, requested the opportunity to speak to City Council at the next work session to discuss trash skimmer equipment to use on the Holston River side of Boone Lake. The lake is projected to return to full level over the next 18 months. Trash and vegetation clippings will be in the lake and could be hazardous. Historically, trash removal has been performed by hand. However, the accumulation of trash over the years is more than what can be addressed manually and a trash skimmer and associated equipment have been selected to collect the floating debris. Sullivan County has contributed half of the equipment purchase price out of their TVA economic impact payments which are received by area municipalities while the dam is under repair and then afterwards on a sliding scale. The Boone Lake Association would like to present their plan for addressing this issue to City Council at the next work session. APPOINTMENTS: Board of Zoning Appeals - City Council addressed the vacancy of one seat on the Board of Zoning Appeals for a term ending September 30, 2022. Several Council members spoke on behalf of the applicant, Ms. Katherine Stigers. The vote was as follows: Mayor Luttrell Yes Vice Mayor Turner No vote Councilwoman Feierabend Yes Councilman Keen Yes Councilwoman Powers Yes Ms. Katherine Stigers was appointed to the Board of Zoning Appeals to serve a term of office ending September 30, 2022. ORDINANCES AND RESOLUTIONS: A. First Reading of New Ordinances: Ordinance 20-16- An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-IB (Neighborhood Shopping / Commercial District)- 1741 and 1745 King College Road City Manager Bill Sorah briefly summarized this item for is consideration on first reading and is a request for rezoning of 1741 and 1745 King College Road. Planning staff received an application from Ms. Laura Martorano for the rezoning of 1745 King College Road. This property is the former site of the Cornerstone Chapel and is currently zoned R-3 (Multi-Family Residential District). The request is for rezoning to B-IB (Neighborhood Shopping / Commercial District). During staffs research ofthe zoning of adjacent properties, it was found that the property at 1741 King College Road, located immediately to the west of the subject property, had a split zoning designation of R-3 and B-IB. A small triangular portion of this property, estimated at 0.16 acres, has a zoning designation of R-3. The largest portion of this property, as well as properties located to the west, has a zoning designation of B-IB. After a  City Council Meeting November 10, 2020 Page 3 of9 conversation with the owner, it was felt appropriate to rezone this 0.16 acres as B-IB and obtain consistency with the zoning designation of surrounding properties. This matter was presented to the Bristol Regional Planning Commission during their October 19'^ meeting and they sent a unanimous recommendation supporting the rezoning to Council. If approved on first reading, the issue will be placed on the December C agenda for a public hearing and second reading. Cherith Young, Planning Services Manager, further explained the request and began by presenting pictures and maps showing the location and current zoning ofthese parcels and the surrounding area, as well as the Future Land Use Map of the same area. Staff spoke with the current owner and they agreed the split zoning issue should be resolved by rezoning the small portion of 0.16 acres the same as the rest of that parcel, thus making the entire parcel at 1741 King College Road zoned B-IB. She detailed the permitted uses for R-3 and B-IB zones. The required public notice was given and staff has received no responses in opposition to the request. Due to the zoning ofthe adjacent parcel and agreement with the Bristol Future Land Use Plan and Policy, staff recommends approval of the request. The Plarming Commission also unanimously forwarded a favorable recommendation for approval. Councilman Chad Keen noted the Future Land Use listed the King College Road frontage ofthe parcels as B-IB, but not necessarily the back portions. He asked if there was any discussion ofthe back portion of the property changing to B-IB. Ms. Young replied the Planning Commission did not comment on that matter. Councilman Keen stated the back of this property goes into a residential area and asked if there had been any comments from adjacent property owners and Ms. Young said no negative comments had been received from adjacent property owners who were notified by letter. Councilwoman Powers asked if notification letters had been sent to everyone on Robin Road. Ms. Young said letters had been sent only to adjacent property owners, but the public notice sign has been posted for several weeks and to her knowledge there have been no negative responses from anyone in the community. She went on to say in case of any future building there are buffer requirements that must be met. Councilman Keen said he had spoken with a couple who live further behind these parcels and they asked ifthere was any project plarmed for them. Ms. Young said the applicant plans to use the existing structure for a counseling service for children, but they do not have any plans to add additional square footage at this time,just to repurpose the existing facility. Councilwoman Powers commented the zoning follows the land not the owner of the land because the owner can transition. She then asked Councilwoman Margaret Feierabend and Mayor Luttrell, as they are also members of the Planning Commission, what the process was. Councilwoman Feierabend did not recall there was much concern about the back part ofthe property. The current zoning allows for multi-family use and the B-1B is the least intense business zoning, so potentially that could be less invasive than a multi-family use in terms of traffic, noise, and use. Mayor Luttrell eoncurred with her comments. They had also discussed potential future uses ofthe property if it is conveyed to another owner, but that is no different from any other property that may be rezoned. He feels the planned use for this property is well suited to the area and is a good opportunity to help children. Councilwoman Feierabend stated this is first reading and thinks Council can accept the recommendation ofthe Planning Commission. There will be more opportunity for input from the community at the public hearing prior to the second reading at the December Council meeting. Councilman Keen requested the Council members review the information and drive by the property since the parcel goes so far into the neighborhood behind it. He asked for a more detailed description of the proposed counseling service and Ms. Young said the requestor described it as being more in line with a doctor's office with no one living on the property or staying overnight, just daytime services by  City Council Meeting November 10, 2020 Page 4 of9 appointment only. Councilman Keen is still concerned about the depth of the property and allowing the B-IB designation that far into the residential area behind it. Additional discussion ensued as to possibly postponing the second reading, who reeeived the notification letters, does the sale of the property depend on the re-zoning, the planned use of the property, and the permitted uses for the current and the proposed zoning. The City Manager emphasized the rezoning decision should be based on uses that are permitted in B-1B and not so much the plarmed use by the new property owner. As there are still so many questions, this item will be placed on the next work session to allow for further discussion prior to the second reading. Vice Mayor Turner said he does not have an issue as it has been confirmed that neither the current nor the proposed zoning will permit a drug clinic on the property and he has not received any comment or questions from the public on this issue. Councilman Keen motioned to approve Ordinance 20-16 on first reading and Councilwoman Powers seconded. This ordinance was approved on first reading unanimously by roll call vote. Ordinance 20-17 - An Ordinance to Abandon an Unopened Portion of Leona Street as a Public Right-of-Way The City Manager mentioned this request is from Mr. Kenneth Dunn, owner of property located at 800 East Mary Street and 801 Leona Street. He is seeking the abandonment of an unopened right-of-way (R-O-W)which divides his two properties. The abandonment ofthe R-O-W is to allow for a combination ofthe two parcels to enable the construction ofa single-family residence on the property. The unopened portion of Leona Street has remained unimproved since its original dedication in 1943. As Mr. Dunn is the owner ofthe property surrounding the unopened R-O-W in its entirety, it is suitable for abandonment. David Metzger, Transportation Engineer, presented additional information on the request. He presented slides of the property, the R-O-W,and surrounding area. The R-O-W has been heavily forested since it was originally platted in 1943, until recently. The request has gone through the typical abandonment research process. Normally,the City retains utility and stormwater easements in the former R-O-W, but in this circumstance it would still prevent Mr. Dunn from constructing a single-family residence on the property. After discussing the issue with City staff, it was determined the only area where the City needs to retain utility easements is the southernmost fifteen feet of the proposed abandoned R-O-W. With the current zoning,this fifteen-foot easement is less than the required front yard setback and therefore, would have no effect on the placement of the house. Since Mr. Dunn owns all the other adjacent property, no public input was sought as no one else is affected by the request. The request was considered by the Planning Commission at their October 19"^ meeting and they voted unanimously to forward a favorable recommendation to City Council. If approved on first reading, the issue will be placed on the Deeember 1 St agenda for final consideration. Councilwoman Powers motioned for approval of the ordinance and Vice Mayor Turner seconded. The ordinance passed on first reading unanimously by roll call vote. B. Second 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 Council Meeting November 10, 2020 Page 5 of9 City Manager Sorah stated Ordinances 20-12, 20-13, and 20-14 are all intertwined and amend Chapter 14 of the City's Code of Ordinances. Over the last spring and summer there has been a great deal of conversation regarding things the City can do to incentivize, improve, encourage, or remove impediments to residential growth within our community. There have been discussions about whether the City has adopted certain residential codes that are not in place in other areas and if removed would be an element to induce construction development activity within our community. All of these ordinances relate to residential building codes and even though they are all related, they need to be addressed separately. 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. As an exempt jurisdiction, the City must adopt building codes that are within seven years of the latest published edition and as a minimum, must be the same as the State of Tennessee. The City currently enforces provisions established in the 2012 International Residential Code. The State of Tennessee recently adopted the 2018 International Residential Code with some notable exceptions. 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. Ordinance 20-12 embodies those exceptions as well as the 2018 International Residential Code. Tim Beavers, Director of Development Services, was present to detail the exceptions. Mr. Beavers said Ordinance 20-12 adopts the 2018 International Residential Code with some exceptions that were taken the by the State of Tennessee and we need to be consistent with those exceptions. 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 and not regulatory. Councilman Keen motioned to approve the ordinance and Councilwoman Feierabend seconded. Ordinance 20-12 was then passed unanimously by roll call vote without further diseussion. 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 this is the second of three ordinances 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. The 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. We need to align our regulations consistent with those of the state. Tim Beavers, Director of Development 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 would be to adopt the 2018 International Energy Conservation Code as it pertains to residential construction only. There are only four exceptions which he then described. At some point the state will adopt the 2018 codes that pertain to commercial construction, but they have not yet done so.  City Council Meeting November 10, 2020 Page 6 of9 Vice Mayor Turner motioned to approve the ordinance and Councilman Keen seconded. Ordinance 20- 13 was then passed unanimously by roll call vote without further discussion. Ordinance 20-14 - An Ordinance to Amend Chapter 14 (Buildings and Building Regulations) of the Code of Ordinances by Adopting the National Eleetrical 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. The City currently enforces codes that were established in 2012. 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 standards that we must meet in terms of building construction in order for the City to remain an exempt jurisdiction. 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 this would be the adoption of the 2017 National Fire Protection Association National Electrical Code for all construction—residential, commercial, and industrial. To be consistent with the State and because the City is an exempt jurisdiction, we need to stay within seven years of the code adopted by the State. Staff is requesting the adoption ofthe National Electrical Code 2017 edition. Mr. Beavers outlined the couple of exceptions in the State ordinance. Councilwoman Feierabend motioned to approve Ordinance 20-14 and Mayor Luttrell 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 that in April of this year. City Council approved Resolution 20-28 which provided temporary regulations for the sale of beer by delivery. This was in response to Governor Lee's 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. Resolution 20-28 extended this privilege to holders of beer permits for on-premises consumption, manufacturing, and dual permit holders regardless of whether they sell prepared foods. There are a couple of craft breweries or craft distributors downtown that do not have a food element as part of their restaurant. This simply extended their ability to be on the same footing as other restaurants that had a Tennessee ABC permit and were allowed to do delivery in accordance with the Governor's order. Staff recently received a request for consideration of an amendment to the beer ordinance to allow for the permanent delivery of beer by those types of restaurants. 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 Termessee 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 of the purchaser as sales occurring on-premises. This was discussed by our Beer Board and they found it to be a reasonable accommodation to extend that privilege to the businesses holding these types of  City Council Meeting November 10, 2020 Page 7 of9 permits. Ms. Danielle Smith who is the City Attorney, serves as counsel to the Beer Board, and who works very closely with any type of Beer Ordinance issue was in attendance to answer any questions. Ms. Smith added that both Johnson City and Nashville moved recently to allow beer delivery under their beer ordinances so we are not the only city moving in this direction, if this ordinance is adopted by Council. Councilwoman Powers motioned to approve the ordinance and Vice Mayor Turner seconded. There was no further discussion and Ordinance 20-15 was approved unanimously by roll call vote. C. Resolutions: Resolution 20-102 - A Resolution Authorizing a Utility Tap Fee Holiday for Construction of New Single-Family Homes Inside Corporate Limits The City Manager stated as indicated earlier, there has been a lot of discussion during the past several months about various strategies to incentivize residential development within the community. During the October 27'^ work session, staff continued the discussion by presenting the concept of a water and sanitary sewer tap fee holiday associated with water and sanitary sewer taps to stimulate residential construction. The incentive would suspend the established cost ofa water or sanitary sewer tap fee when associated with the construction of a single family residence. The incentive would be offered during a three-month period commencing January P' and extending thru March 31, 2021. This period was selected as it is the typical time in which residential construction taps would be purchased in advance of the spring construction season. The incentive will only be available for single family residential construction. A nominal fee of $5.00 per utility tap would still be assessed to remain consistent with existing utility regulations. Contractors utilizing the tap fee incentive program will be required to commence construction within one year ofthe March 31, 2021 sunset ofthe incentive program. The tap fee incentive program would not be available to developers utilizing the water and sanitary sewer materials incentive program. This program fits nicely with established subdivisions that still have empty lots and would provide a small inducement to residential contractors preparing to build homes on those available lots. A water tap fee is $800 and a sanitary sewer tap fee is $1,000. Staff will evaluate the success of the program upon completion ofthis three-month period and advise Council of the findings. Vice Mayor Turner motioned to approve Resolution 20-102 and Councilman Keen seconded. There was no further discussion and the resolution was 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 October 6, 2020 City Council Meeting ■ Minutes October 27, 2020 City Council Work Session ■ Resolution 20-104 A Resolution Awarding a Bid for Purchase of Mini-Excavator ■ Resolution 20-105 A Resolution Authorizing the Submittal of a Grant Application to the Tennessee Department of Transportation Traffic Signal Modernization Grant Program  City Council Meeting November 10, 2020 Page 8 of9 ■ Resolution 20-106 A Resolution Appointing Members to the Board of Zoning Appeals to Staggered Terms ■ Resolution 20-107 A Resolution Adopting a Restated Plan Document for City's Pre-Tax Benefits Plan ■ Resolution 20-108 A Resolution Adopting a Restated Plan Document for City's Health Reimbursement Arrangement ■ Resolution 20-109 A Resolution Authorizing Participation in the Public Entity Partners "Driver Safety" Matching Grant Program ■ Resolution 20-110 A Resolution Authorizing Participation in the Public Entity Partners "Property Conservation Grant" Matching Grant Program BOARD OF EDUCATION LIAISON REPORT: Dr. Annette Tudor, Director of Schools, recognized Jermifer Burleson, School Nutrition Director, as one of two state nominees for the national Recognizing Inspirational School Employees(RISE)Award. She pursued and received grant funding to purchase a food truck to help provide assistance to students and their families. The grand opening for the new Bristol Tennessee Middle School gym was not open to the public as scheduled due to the pandemic; however, a virtual tour is available on the BTCS website. The court is named after Coach Ron Wallace, who spent the majority of his career teaching students physical education at Vance Middle School and coaching at both the middle school and high school. Currently, the first basketball game to be played in the new gym is scheduled for November 30"^. The Tennessee Serves initiative of Tennessee first lady Maria Lee has partnered with Purposity to help meet the needs of children and families in our area. You can sign up for the free app on their website. Dr. Tudor gave an update on their COVID response and detailed some of their procedures. They are prepared for individual buildings to go to remote or hybrid learning if the need arises. They are encouraging everyone to protect themselves and others, especially coming into the holidays. CITY MANAGER'S REPORT: City Manager Sorah reminded Council that 8:00 A.M. Thursday, November ll"' is the NETWORKS Sullivan Partnership Board meeting. All of Council has been registered for the National League of Cities virtual City Summit November 18'^ through 20"'. The next work session will held electronically at 11:00 A.M. November 24'" and he mentioned several items that will be on that agenda. City offices will be closed tomorrow in observance of Veteran's Day. CITY COUNCIL COMMENTS: Councilman Keen was pleased the new middle school court was named in honor of Coach Ron Wallace. He wished everyone a Happy Thanksgiving, and encouraged them to remember those who are in need and those who have no family. He encouraged everyone to support small businesses this holiday season. Councilwoman Powers complimented the school system on their efforts to continue educating the students while striving to keep everyone safe. She gave some background information on how one woman campaigned over 36 years to have Thanksgiving recognized as a holiday. In 1863, President  City Council Meeting November 10, 2020 Page 9 of9 Abraham Lincoln heeded her request and established the last Thursday in November as Thanksgiving Day. This was changed to the fourth Thursday in November by President F.D. Roosevelt in 1941, to avoid confusion during years when there are five Thursdays in November and to benefit the economy. The Saturday following Thanksgiving being chosen for Small Business Saturday is to help keep small businesses stimulated and growing. She asked for all to remember those experiencing food fragility as it is an issue for a lot of our students at this time. Having warm shelter or someone who cares about them are other needs in our community and she encouraged everyone to reach out to help fill these needs through random acts of kindness. She listed several organizations in the community that provide opportunities for citizens to help others in need. Councilwoman Feierabend thanked Councilwoman Powers for sharing her thoughts and reminders. She thanked Tara Musick and the Finance staff for keeping City finances transparent and aligned, and for providing the high quality reporting and work. She mentioned the library is open and encouraged people to visit. The YWCA posters for the Suffrage Celebration are on display there. There is also a mural in Johnson City dedicated to the suffrage movement and people in our region. The City parks and Nature Center are open. The number of COVID cases in the area are the worst to date and she encouraged everyone to please be safe and follow the guidelines. She acknowledged the school system and the passing of one the high school students. A loss of this nature is difficult for staff and students at any time, but especially during these unusual and stressful times. She expressed appreciation to the School Resource Officers for being there to protect and assist the students and faculty. Happy Thanksgiving to all and remember to help others when the opportunity arises. Mayor Luttrell echoed the previous comments of Council. He reminded everyone ofthe conference call on November 19'*^ regarding the historic tax credits legislation. He was pleased all the agenda items this evening concerning potential housing construction passed. He encouraged everyone to wash their hands, keep a safe distance, and please wear a mask. There being no further business, the meeting was adjourned at 8:39 P.M. Mahlon Luttrell, Mayor Tara E. Musick, City Recorder