City Council

MINUTES OF THE CITY OF BRISTOL, TENNESSEE CITY COUNCIL MEETING June 7, 2022 CALL TO ORDER: The City of Bristol, Tennessee City Council meeting was called to order by Mayor Mahlon Luttrell on Tuesday, June 7, 2022 at 7:01 P.M. in the Slater Center Auditorium. ROLL CALL: Present: Mayor Mah lon Luttrell. Councilwoman Margaret Feierabend. Counci lman Mark Hutton, and Councilwoman Lea Powers. Others Present: City Manager William Sorah, City Attorney Danie lle Smith, City Recorder Mary Lee Williams, Director of Planning Services Cheri th Young, Director of Parks and Recreation Terry Napier, Fire Chief Mike Carrier, Police Chi ef Matt Austin, Director of Finance Holli e Verran, Director of Economic Development Tom Anderson, Director of Community Relations Jon Luttrell, Director of Utility Services Will Witcher, Director of Engineering Jacob Chandler, Director of Public Services Wes Ritchie, Senior IT Manager Shane Varney, IT Manager Greg Cross, and other members of Ci ty staff INVOCATION AND PLEDGE OF ALLEGIANCE: Bristol, Tennessee Fire Chief Mike Carrier gave the invocation. Mayor Luttrell led the pledge of allegiance. AGENDA ADDITIONS AND I OR CHANGES: None PROCLAMATIONS AND RECOG NITIONS: Men's Health Month - Councilman Mark Hutton read a proclamation designating June 2022 as Men's Health Month. JonAlan King, Project Director of the Tennessee Men 's Health Network, was in attendance to accept the proclamation. Mr. King thanked Council for the proclamation recognizing the importance of men's health . National Homeownership Month - Councilwoman Margaret Feierabend read a proclamation recognizing June 2022 as National Homeownership Month. Mr. Steve Wi llinger, Chair of the Community Development Advisory Committee, was in attendance to accept the proclamation. Mr. Willinger talked about the importance of providing safe, affordable housing and encouraging homeownership. Bristol First Awards Program - Anne Dunham , Digital Media and Comm unications Manager, introduced Captain Darrell Meares of the Bristol Tennessee Fire Department, the recipient of the Bristol First Award. He is a firefighter and paramedic and helped to establish the advanced EMT training program, among other professional accomplishments. Recently, while off-duty and spending time with his youngest daughter Preslon, she spotted smoke coming from a house after they turned on Anderson Street. He contacted on-duty firefighters at the nearby station and called 9 11 to officially report the fire. As there was a car in the driveway and a set of keys hanging in the door, he instructed his daughter to stay in the car while he investigated to determine if someone was in the house. Captain Meares pounded  City Council Meeting June 7, 2022 Page 2 of 16 on the door and yelled then pushed the door open and fo und a man lying in the floor of the hallway. Even though he had no protective gear and knew emergency crews had been dispatched, he ran into the house through the smoke and flames and pulled the man down the hall and safely onto the lawn. He administered aid until the ambulance arrived. Captain Meares was presented with the Bristol First Award fo r these actions which demonstrate a high level of service to the public and the ability to perform in an outstanding manner in an emergency situation. In addition, his teenage daughter, Preslon, was the first one to spot the smoke. Her instinct and attention to detail told her something was not right whi ch led to the prompt emergency attention to the fire and the rescue of the man inside the burning structure. Pres Ion was awarded the City Choice Award in recognition of her diligent attention and quick action to assist a comm uni ty member in need. Captain Meares thanked Counc il and the City and gave additional detail s of the incident emphasizi ng he thought someone was burn ing brush, but Preslon was insistent the house was o n fire. After realizing the severity of the situation , his traini ng kicked in. He commented on the wonderful job the Fire Department does for the community and said he received the award on behalf of all of the firefighters as any of them would have done the same thing. He just happened to be the one driving by and his daughter was the one that insisted something was not right. PRESENTATIONS: Bristol Tennessee City Schools Fiscal Year 2023 Budget Dr. A nnette Tudor. Director of Schools, reviewed the Fiscal Year 2023 Budget for the Bristol Tennessee School System. She listed all the schoo ls in the system and the sources of revenue, of which the state provides the majority, and gave an overview of expenditures. Councilwoman Lea Powers thanked Dr. Tudor for providing this information to everyone . PUBLIC HEARINGS: Resolution 22-40 - A Resolution to Annex Certain Territory Upon Written Consent of the Owners and to Incorporate the Same Within the Boundaries of the City of Bristol Tennessee (Ardent Development Group- Fox Meadows/Beaver Creek Road) City Manager Bill Sorah summarized that staff received a request for annexation from Jerome Malinay, owner of 22.242 acres located within the City' s Urban Growth Boundary in Sullivan County. Mr. Malinay is a residential developer / builder and desires to expand the existing residential subdivision known as Fox Meadows, which is located inside the City limits. The purpose for Mr. Malinay' s request is to a llow for the new development, adjacent to the ex isting C ity limits, to obtain municipal services including sanitary sewer. The new development will allow for the construction of a proposed 176 s ing le fami ly homes and has an anti cipated capital investment of $60,000,000. The annexation request was preconditioned upon the successful amendme nt of the Planned Residential District as it relates to fl ex ibi lity in developing the property and a proposed revision to the City's utility material reimbursement agreement for residential developers. The Bristol Regional Planni ng Comm ission considered this request during their April 18th meeting and unanimously forwarded a favorable recommendation. According to statute, all annexations must now be owner-i nitiated and thi s is. Last month , Ci ty Council approved a resolution establishing this Public Hearing and officia l action will be taken later this eveni ng.  City Council Meeting June 7, 2022 Page 3 of 16 The floor was opened for public comment. Anne Keohner, 230 Skyline Drive, spoke as an interested citizen. She said she knows no one in Fox Meadows and nothing about the project other than what she has recently read. She is a retired realtor of thirty-five and thinks growth for the City is good. She has known Jerome Malinay for many years and through the years she has heard anything that Mr. Malinay does is good work and a first-class operation. She fee ls the residents in Fox Meadows would be proud of whatever he does. She feels the City needs more housing. Scott Bal l, 2401 Fox Meadows Circle, presented an analogy of paying too much for something without thinking of the consequences, which is what he feels Counci l is doing with Fox Meadows. He thinks Counci l sees the addition of new housing in Fox Meadows without thinking about the consequences to the current residents. Once the decision is made to pass the rezoning request, nothing will change the reality and the potential fo r multi-family homes being buil t in Fox Meadows will exist. They want the protection of R-2 Zoning. Josh Dolinger, I 05 Yellow Sorrell Drive, is a civil engineer with experience in transportation and potable drinking water systems, sanitary sewer systems, drainage and hydraulics. He feels all the ex isting infrastructure is at capacity with the current development. It is imperative any plans for future development of the subdivision include upgrades for the existi ng infrastructure downstream if any new connections are made to the systems. He feels he speaks for the majority of Fox Meadows residents by saying they are not opposed to expansion of the subdivision. They are only opposed to the rezoning which allows for the construction of multi-family dwellings and some business types. The rezoning would take away the majority of the input and the control the residents have when they bought into the subdi vision for future development. He asked Council why they would consider voting against the recommendation of the Planning Commission. He also asked why Council would rezone and allow the developer the flexibility to change his plan after this meeting when the existing zoning allows for single fami ly homes and essentially everything his current plan includes, minus a slight increase in density. He strongly opposes the rezoning request and asks Council to vote ' no' for the rezoning approval. The City Manager reminded everyone the current Public Hearing is for the annexation only. There will be a public hearing for the rezoning later on the agenda which wi ll also include opportunity for public comment. There were no additional public comments and the hearing was closed. Resolution 22-41 - A Resolution to Approve the Plan of Services for the Annexation of Certain Territory (Ardent Develo pment Group - Fox Meadows/Beaver Creek Road) The City Manager stated the Plan of Services was also reviewed by the Planning Commission at their April J gth meeting and received unanimous approval. All police and fire services will be offered at the time of annexation. As the development proceeds, water services will be provided by the Bristol-Bluff City Uti lity District and sanitary sewer servi ce wi ll be provided, once the deve loper installs that infrastructure, along with maintenance of streets and refuse co llection once residential development occurs. The elementary schoo l serving this area will be the Avoca school district. It will be represented by the South Counc il District. Recreati on, community development, and planning will be available upon annexation. The Plan of Services recommends Planned Residential District (PRO) zoning. There were no public comments and the hearing was closed.  City Council Meeting June 7, 2022 Page 4 of 16 Ordinance 22-4 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as 8-3 (General Business Zone) (22 16 Volunteer Pa rkway) The City Manager remi nded Council this item was approved on first reading at the May 3rd meeting. This is a rezoning request by Jeffrey Booher, owner of the property located at 22 16 Vo lunteer Parkway. The property is currently spilt zoned with R-1 A (Low-Densi ty Single-Family Residential) and B-3 (General Business) zones. The request of the property owner is for the entire tract of property to be rezoned as B-3. The Planning Commission reviewed the matter during their March 2 151 meeting and forwarded a favorable recommendation to Counci l. The City Manager asked Cheri th Young, Director of Development Services and Planning, if there was anything she would like to add. Ms. Young presented slides of the summary of permitted uses in the R-1 A and B-3 zones. The Future Land Use Plan and Policies support this rezoni ng request. S igns were posted and letters of notificati on and comment forms were sent to adjacent property owners. There were no public comments and the hearing was closed. Ordinance 22-5 - A n Ordinance to Amend Chapter 2, General Provisions Related to Planning and Zonin g, to Provide for Special Adaptive Reuse Permits The City Manager reviewed that over the past several months, the Planning Commission has explored ways to increase the uti lizati on of non-commercial structures such as the former Rosemont Elementary School. These structures are often located within residentially zoned districts w ith restrictions that limit their ability to be repurposed. The year-long effort by the Planning Commission has led to the development of regulations that would encourage the productive repurposing of these underutil ized structures. City Council approved this matter on first read last month and the Planning Commission forwarded a favorab le recommendation. He requested Ms. Young to provide further details. Ms. Young said this ordinance is to help revitalize and rehabi litate some of the older commercial structures in some of the o lder areas of town and shared pictures of example structures. This ordinance will make some revisions in Chapter 2 and Chapter 3 of the ex isting ordinance and she detailed the proposed changes. There were no public comments and the hearing was closed. Ordinance 22-6 - An Ordinance to Amend Chapter 3, Residential Districts, by Replacing Existing Section 308 - PRO District - Plann ed Residential in its Entirety City Manager Sarah mentioned that in 20 12, City Council approved the Planned Residential District (PRD) to replace regulations which guided development in projects known as "cluster developments" or "zero lot line developments". The purpose of the new PRD regulations was to provide a residenti al district which would allow a variety of housing types in an environmentally sensitive manner. Since that time, there have been very few residential properties developed under the PRD regulations. Staff and developers have found the existing PRD regulations to be technically chall enging and difficult to interpret or communicate. As result, the Planning Commission spen t several months reviewing the PRD regulations and making recommendations that would provide better c larity and understanding for both staff and the development community.  City Council Meeting June 7, 2022 Page 5 of 16 Ms. Cherith Young detailed the amendments to the PRO regulations recommended by the Planning Commission . This matter was approved by Council on first reading at the May 3, 2022 meeting. There were no public comments and the hearing was closed. Ordinance 22-7 - An Ordinance to Adopt a Budget, and Appropriate Funds for the Fiscal Year July 1, 2022 through June 30, 2023 City Manager Sorah summarized that Ordinance 22-7 is considered on second reading for formal adoption of the Fiscal 2023 Budget and Appropriations ordinance for the fiscal year beginning July I, 2022. The Fiscal 2023 Budget totals $137,033.523. This reOects an increase of $3,696.937 or 2.8% from the Fiscal 2022 Budget. The municipal government portion of the budget stands at $80,955,071, an increase of $10,639,584 or 15.1 % from the Fiscal 2022 Budget. The proposed budget focuses on the key themes as established by Council of economic development, education, infrastructure, and public safety. The budget continues all City programs and services as in the past while making strategic capital investments to meet the future needs of the community. Major projects include the continued reconstruction of East Cedar Street, new construction of a fire station serving east Bristol, construction of sidewalks along Bluff City Hi ghway from Edgemont Avenue to Lavinder Lane, improvements to the bio-solids handling process at the Bristol Regional Wastewater Treatment Plant, a public-private partnership to develop public pickleball courts, trail improvements at Steele Creek Park, a new Farmer's Market facility, water system improvements serving the Exit 74 area of Interstate 81 , and the resurfacing of approximately fourteen lane miles of roadway. Key econom ic development partnerships include the continued marketing effort for Tri-Cities Airport·s Aerospace Park, the grading of a new twenty-acre industrial s ite at Partnership Park II and the development of a new thirty-five acre rail served site in Partnership Park II. The proposed Fiscal 2023 budget includes a 5% pay increase for all city employees. in additi on the employee compensation scale will be adjusted to reflect labor market conditions in our region. The school system portion of the budget totals $56,078,452, a decrease of $6,942,647 or 11 %. This decrease is primarily attri buted to the reductions in the Schoo l Capital Facilities Fund as it relates to completion of the new middle school construction project and the School Federal Projects Fund which reflected the Fiscal 2022 funding from the Elementary & Secondary School Emergency Relief Fund (ESSER). There were no public comments and the hearing was closed. APPEARANCE OF CITIZENS: Abigai l Hampton, 795 Old Jonesboro Road, wanted to get a better understanding of the finances and budget that will help fund Student Resource Officers (SROs) in the Bristol. Tennessee City Schoo l System (BTCS). She has one daughter at Bristol Tennessee Middle School and two daughters at Haynesfield Elementary School. She had researched the number of SROs at each school and the associated funding budgeted. The high and middle schools each have an SRO, but the five elementary schools share three SROs. She contacted Dr. Annette Tudor concerning this issue. Dr. T udor replied they had three SROs budgeted in the General Fund for the Fiscal Year 2023 Budget as the SRO grant is no longer available from the state and explai ned the premise for sharing the three SROs among the five elementary schools. Ms. Hampton feels sharing an SRO between schools is the same as providing part-  City Counci l Meeting J une 7, 2022 Page 6 of 16 time safety fo r the students and compared it to having three principals fo r five schools. Her question is who is responsi ble fo r the funding and where is it goi ng to come from. Pol ice officers are hired by the C ity, so does it come from the City or does it come fro m the school system ? She contacted Sullivan County and learned there are fifteen SROs for the county which breaks down to three SROs at West Ridge and all the other schools each have one and all of them are full-time at every school. She feels there should be a fu ll-time SRO in each school by August 151 so the safety of the students is not split between schools. Dr. Barry Hopper, 133 Spanish Oak Road, spoke to the landfill odors and the settlement offered by the City of Bristol, Virginia. He does not want Council to accept the proposed settlement. or the bribe, offered by Bristol, Virgin ia. He encouraged Council to not capitulate to their o ffer. Counci lwoman Lea Powers read a statement from Rev. Samuel Weddington, Pastor of First Presbyterian Church, concerning the landfill issues. The issue has always been accountability. From the report issued by the Virginia DEQ it is clear the problem is technically chall enging and systemic in nature. It is go ing to take our legal system to enforce the standards of accountability. Justice demands restraint of wrong doers. He commended C ity Council fo r spend ing tax dollars to help protect the health and safety o f the tax payers in their own home and thanked Council for their service and time in helping protect the citizens from the landfi ll beast. APPOI NTMENTS: Community Development Advisory Co mmittee - City Counci l addressed the vacancy of one seat on the Community Development Advisory Committee. Council woman Feierabend spoke on behalf of the candidate. Ms. Ella Kane was unanimously appointed to the Community Development Advisory Comm ittee to serve a term of office ending April 30, 2025. ORDINANCES AND RESOLUTIONS: A. Resolutions: Resolution 22-40 - A Resolution to A nnex Certain Territory Upon Written Consent of the Ow ner and to Incorporate th e Sam e Within the Bound aries of the City of Bristol Tennessee (Ard ent Development Group - Fox Meadows/Beaver Creek Road) T his item was summarized duri ng the public hearing earl ier this evening. Councilwoman Feierabend motioned to approve and Councilman Hutton seconded. Councilwoman Feierabend mentioned the recogn iti on of one of our Firefighters is an example of why people are interested in being part o f our City. There was no additional di scussion and Resoluti on 22-40 passed unanimous ly by roll call vote. Resolution 22-41 - A Resolution to A pprove the Plan of Services for the Annexation of Certain Territory {Ardent Development Group - Fox Meadows/Beaver Creek Road) This item was summarized during the public hearing earlier this eveni ng. Counc il woman Powers said earlier in the meeting, concern about infrastructure fo r the development was expressed and asked Cheri th Young to address the concern in regard to this development. Ms. Young replied the water service will be provided by Bristol-Bluff City Utility District. The extension of the sanitary sewer service wil l be the responsibi lity of the developer with the development of the community, but as she understands the  City Council Meeting June 7, 2022 Page 7 of 16 capacity for the development would be there. All of the requirements for the appropriate services / capacities will be addressed with plat the submittal / approval process as the project moves forward . City Manager Sarah added that the only issue possibly would be through a sewage lift station and that would become the responsibil ity of the developer. The City would use the materi al services agreement to assist in the financial aspect. Ms. Young added the Plan of Serv ices states the developer is responsible for those items. Counci lwoman Feierabend then asked Ms. Young to briefly describe the site plan review process to help everyone understand. Ms. Young explained the process using the proposed Fox Meadows Subdivision. Counci lwoman Powers motioned to approve and Councilman Hutton seconded. There was no additional discussion and Resolution 22-41 passed unani mously by ro ll call vote. Resolution 22-42 - A Resolution Appointing a Municipal Judge The City Manager explained the term of current Municipal Judge A.O. Jones, Jr. expires on June 30, 2022. Judge Jones has served with distinct ion in this capacity si nce appointment to his initial four-year term in 2014. The judge presides over municipal court hearing cases related to traffic citations and municipal code violations. The Department of Human Resources advertised the position earlier this year and the lone applicant was A.O. Jones. If appointed. his four-year term of office will commence on July 1. 2022 and end on June 30, 2026. Judge Jones was present to answer any questions. Mayor Luttrell commended Judge Jones on doing a great j ob for the City and hopes that will continue. Councilwoman Powers concurred. Councilwoman Feierabend motioned to approve and Councilwoman Powers seconded. There was no additional discussion and Resolution 22-42 passed unanimously by roll call vote. Resolution 22-43 - A Reso lution Expressing the Support of the City of Bristol, Tennessee for the Nature Center at Steele Creek Park The City Manager commended Director of Parks and Recreation, Terry Napier, the staff at the Nature Center, and the Friends of Steele Creek Park for this initiative to affi liate with the American Alliance of Museums. This is the first step of a journey to become a Sm ithsonian Institute Affil iate Program and this resolution is in support of the process. He asked Mr. Napier to provide additional information. Mr. Napier shared information on recent progress and new exhibits at the Nature Center. The Nature is actual ly a museum and the best way to preserve the accomplishments and continue growing is accred itation through the American Alliance of Museums. The Nature Center is in the self-assessment process which includes looki ng at the current processes, day to day activities, how the exhibits are maintained, and how will they w ill be maintained in the future. S ince the Nature Center is owned by the City, a document of support from the Co uncil is needed. Reso lution 22-43 fo rma lizes the City's on- going commitment to the funding of the Nature Center though its annual budget appropriation of operating funds . The City has continuously supported the development and expansion of the Nature Center by providing both capital and operating support since its opening in 1995. lf years down the road Counc il should decide to no longer support the Nature Center, there wi ll be a process in place for how the specimens and exhibits will be taken care of. The ultimate goal of this accreditation is to ensure the Nature Center will continue to exist for generations to come.  City Council Meeting June 7. 2022 Page 8 of 16 Council woman Powers expressed appreciation for the Nature Center and everyone involved with its development over the years. Councilwoman Feierabend agreed and mentioned the passion exhibited by all the workers at the Center and how well they work with all of the visitors regardless of their age. Councilwoman Powers added that if this accreditation is received, it will make Bristo l the home of two Smithsonian accredi ted museums which is unheard of for a communi ty this size. Councilman Hutton moti oned to approve Resolution 22-43 and Mayor Luttrell seconded. The resolution passed unanimously by roll call vote. B. First Reading of New Ordinances: Ordinance 22-8 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as PRO (Planned Residential District) (Fox Meadows Extension) City Manager Sorah pointed out Ordinance 22-8 and 22-9 are somewhat companion as they establi sh a zoning designation. Ord inance 22-8 addresses existing property within the corporate limits and 22-9 addresses the newly annexed area. He also pointed out this is the appropriate time for anyone in the aud ience to speak to this issue once the Mayor opens the floor to public comment. This is a request from the Ardent Development Group to rezone 23.29 acres of property located south of the existing Fox Meadows Subdivision. The owner's request is to rezone the property from its current designation of R-2 (Single-Fami ly and Duplex Residential) to PRO (Planned Residential Development). The PRO zoning regulations will provide the developer with greater fl exibil ity in meeting the set-back requirements for residential construction. If the rezoning is approved, the developer proposes to construct 176 single fami ly homes on the aggregate of both properties. The Bristol Regional Planning Commission considered this item during their May 16th meeting. A motion was made to forward a favorable recommendation to City Council on the rezoning request but the motion failed to pass with a 4-to-4 vote. Ms. Cherith Young, listed the proposed uses under the PRO zoning and showed maps of both subject properties, spec ifically the property already inside the corporate limits. She gave a more in-depth review of the plat submittal and review process followed by a brief history of the ex isting Fox Meadows Subdivision. Council woman Powers asked how many lots would require a second entrance. Ms. Young answered there are currently 136 lots and 133 homes built. The subdivision regulation trigger for the second entrance is 150 lots and showed an approx imate location of the second entrance. Ms. Young covered the permitted uses and density for the R-2 and PRO zones and compared their similariti es and differences. She explained the calculations used to obtain the density per the metrics of the zoning ordinance, but went on to say that method does not take into consideration all of the other elements that go into development of properties such as infrastructure requirements, the terrain, and space a llotment for roads among many others. During staff analysis of the rezoni ng request, they noted the subject property is surrounded by residential uses, farmland , and vacant land, and considered the current zoning of the adjacent and surrounding properties. Staff feels the PRO district is an appropriate zone to complement the ex isting R-2 residential area and surrounding agricultural area. Future development of thi s area will require Plann ing  City Council Meeting June 7, 2022 Page 9 of 16 Commission approval for the subdivision plat and must meet all the requirements of the zoning ordinance along with all other applicable codes and regulations of the City. The Future Land Use Map suggests a residential zone classification with a medium density of six units per acre. The accompanying Land Use Policies also support this request. Public notification signs were placed on the property and adjacent property owners were notified of the request by letter. As of today, staff has received ten telephone calls with questions and concerns about how property might be affected. Thus far, eight comment letters were received with three in favor of the rezoning request and five in opposition and one email in opposition was received today. Ms. Young showed slides of transition lots, existing homes, and proposed homes. The Planning Commission reviewed the request on May 16th and a motion was made to send a favorable recommendation to City Counci l, but the motion did not pass due to a 4-4 vote. Counci lwoman Feierabend thanked Ms. Young for the slides comparing the different zones and explaining the calculations. It made things easier to understand to see them in writing. Mayor Luttrell asked Jerome Malinay, Ardent Development Group, to reiterate hi s agreement with the national builders. Mr. Mali nay began by stating City staff has been wonderful to work with. D.R. Horton is the group he has a development agreement with and they have certain criteria for lots which could not be met under the R-2 zoning due to things such as shape and topography of the remaining property. D.R. Horton would build the houses and Ardent will provide the roads and infrastructure. If approved, construction wou ld begin July or August and continue over a three-year period. They will be single family homes with values in the upper $200,000 to upper $300,000. He feels it is a win-win situation for everyone. Mayor Luttrel l asked if at any time there was any discussion about building townhouses or condominiums and Mr. Malinay firmly said 'no' . If he or the builder wanted to construct duplexes, they did not have to ask for rezoning as that could be done under R-2. He researched to see what the Sulli van County zoning would allow on the property for rezoning and there were five pages of uses other than residential which would be far less desirable than the planned 176 homes. Josh Saddler, 2505 Fox Meadow Circle, asked if Mr. Malinay is wanting to build the exact kind of houses that are a lready there, why rezone. The City is asking the residents to trust the developer. Beaver Creek Road is a small two-lane road with a lot of daily traffic. In addition, Stickley Farms and a Fire Department operate on that road. Currently, there are 135 houses with one entrance. The request is to add 176 more houses with only one more entrance. Bottom line is, the residents are supposed to trust the developer will do what he says, but he can change at any time. They do not oppose change, but want the same zoning so they can be assured the new houses are going to be built the same way as the existing. Leave the zoning. He asked Council how they would feel if this was their backyard. Lee Shepherd, 2309 Fox Meadows Circle, sent some communication to the City and appreciated people taking time to look at it. She wanted to reiterate there are people in Fox Meadows that are concerned. The community circulated a petition which has 199 signatures of concerned residents. This has apparentl y been in process for a number of months and she appreciates the work of City staff and it is an important project. Part of the concern is the residents had no idea this was happening until early May when the C ity posted signs. Had they known, there are other meetings they would have attended and expressed their concern earlier. The potential for multi-family housing is a concern so is there not another alternative that would exclude the possibility for multi-family housing? Her property is on the perimeter so she is concerned as to the type of single fami ly home that can be built, such as is there a height limit? Can a three-story single fami ly home be built? She is not ask ing Council to stop progress,  City Council Meeting June 7, 2022 Page 10 of 16 but ask they consider the people who will be impacted. She expressed appreciation for the Counci l in trying to do what is best for Bristol. David Roe, 142 Violet Lane, has lived in Fox Meadows fo r 17 years. Last month, a Planning Commission meeting was held to debate the rezoning of Fox Meadows. A member of the Commission, who is also a member of Council. made a comment that sometimes change is hard which he felt was a flippant and insensitive remark. The difficulty of this rezoning lies so lely in the hands of Council as the residents of Fox Meadows have no vote. This change will only be hard fo r the residents if Council chooses it to be hard. If a new development around Fox Meadows remains zoned at R-2 those homes will be consistent with those of the past 18 years. If Fox Meadows is rezoned to PRD, the residents will be forced to deal with repercussions of w hat is developed. Sometimes change is hard is what Council needs to hear. The easy route for Council is to give the national builder everything they want by rezoning and the money will leave the area. The hard route wou ld be protecting the residents of Bristol City in Fox Meadows, the people Council is charged with protecting, and keep the zoning at R-2. In all the discussion, he has yet to hear anything that wi ll be of benefit to the current residents. Council was elected to serve in the best interest of the City. How is it in the best interest to make things hard? The developer can change in the future regard less of prom ises and contracts. If Council al lows the rezoning to pass, this developer or any future developer can build whatever they want. Guarantee the development will continue as it has for the last 18 years by voting ·no·. Counci l can make the easy choice giving the developer everything they want or make the hard choice and protect the citizens they represent. Tristin Johnson, 122 May Apple Drive. has lived there since 20 16. A total of six units per acre has been mentioned for PRD and a unit is defined as one building. Coul d it potentially be six multi-family units per acre? Ms. Young responded the definition of unit is a complete dwelling unit for one or more persons. For PRO, the number of units is regardless of whether it is a single home, duplex, or four units. A unit is a unit. In total , for this proposal there are 176 single family units. There could be a different arrangement in a PRD in another part of town. The multi-family section of the PRD ordinance stipulates the only type of multi-family that would be allowed is either a string of four units or a building with six units, but they can never exceed that total number of units based on the acreage of the land. The absolute maximum for the project would be 273 units based on the pure acreage for 45 acres in the PRD. In an R-2 zone, there could be nine units per acre. There cannot be a multi-family unit, but there can be duplexes. However. a unit is still a unit whether it is by itself or in a bui lding with other units. Counci lwoman Powers commented. based on the calculation, an R-2 allows duplexes and on one acre you could have four very closely built duplex units- four duplex units built side by side. So potentially, the R-2 density could be greater than the PRO. Ms. Young said if you are talking about pure density, yes, for the total number of units. There are different requirements in terms of lot development in the R-2 and no multi-family allowance, but for the number of units a higher aggregate number could be achieved. Darrell Castle, 204 Thistle Drive, commented everyone is arguing over forty homes. Under R-2 there are 136 lots. Under the proposed PRO with the possibility of multi- family housing, there are 176 lots. I le feels Council is going to risk multifamily housing in Fox Meadows for forty lots. Discussion followed about the density, multi-fami ly setback and green space requirements for PRO in comparison to the requirements for R-2. Ms. Young pointed o ut that the proposed plan for singe family units could not be directly converted to the same number of multi-famil y units due to the different setback and greenspace requirements. Mr. Malinay stated if they wanted to build multi-family units this would not work due to the setback and greenspace requirements. If he wanted to bui ld multi-family units,  City Council Meeting June 7, 2022 Page 11 of 16 which is not his desire, under the current R-2 zoning he could build I 30 dup lex un its right now. He asked if they would prefer 130 duplexes or 75 houses. The single family residential development generates homes that are sold fo r the community. On the other hand, probably over 50% of duplexes would be rental units. They are trying to creating housing for the area and have no desire to do otherwise. Councilwoman Powers sai d these situations are hard. Her parents owned a farm and people built single fam ily homes all over the land next to them, much to their dismay. All the options need to be considered. If the property was not annexed and was zoned A-1, it could end up as a s ubstantial mobi le home park. If it remains R-2, there could be row after row of duplexes. Someone is go ing to come in and develop this land. In trying to look at the opportunities, if the residents are concerned about mul ti- fami ly development, duplexes are multi-family development. The Planning Commission and Planning staff have done everyth ing they possibly could to vet th is. Mr. Malinay has a contract with D.R. Horton and they build predominantly single family homes. The topography of thi s property comes into play. Electrical lines that will be installed will provide natural bufferi ng because of the building restrictions. If Council leaves it as it is, the newly annexed portion is A-I so a mobile home park could come in which requires no egress. Housing is needed so how do we get there? This developer has committed to build singl e family homes. If this project is not approved, a bunch of duplexes could be built instead. She understands about the entrance issue and that it is busy. Growth begets growth and there is no way to know at what rate. If you push back too hard, people will not come here to develop. She said the Council has done everything they can legislatively to encourage development and asked the City Manager to list some of the actions. He said the material s incentive package was put in place, a number of zoning districts have been revisited to try to remove imped iments to residentia l development, alternative incentives that are new to the state are being explored, they have proposed legislation that might provide additional incentives fo r residential developments, all of which add tools to the toolbox to enhance the opportunity for developers to see Bristol as a place to invest. This is a great opportunity to annex and have residential housing. ff we do not annex, the county has the opportunity to bring in a plethora of mobi le homes. That is the easiest and cheapest way to go and if sanitary sewer infrastructure is not put in place, the alternative is septic tanks. An egress would not be required despite the additional traffi c. Council woman Powers went on to list some ite ms that annexation would bring such as new infrastructure , another egress, and single fami ly homes. Other properties are available and other developers are waiting to see what happens with this situation. If we pass up this opportunity, the City w ill have a difficult time getting residential developers to come into thi s community. Council has worked hard over several years to get th ings in place to make this area desirab le for residential developers to come here and everyth ing is tied to population growth. As home value increases and population increase, the property tax decreases. Mr. Castle said they are not against the annexation, but there wi ll be only two exits and asked that add ing a third exit be considered. Another Fox Meadows resident said it is difficult for the homeowner as they fee l the decision was already made before they knew anything or had an opportunity to express their opinion. Several homes have already gone up for sale. He wished there was a process in place that allowed Counci l and the residents to approve a site plan when the zoning is approved. They have no objection to the currently proposed design. They are concern that once it is rezoned a new design wi ll come in. Laura Vance, 209 Thistle Dri ve, said she agrees with the other resi dents. They moved to Fox Meadows this year and came from a subdi vision with small lots. They moved where there were bigger lots and a  City Council Meeting June 7, 2022 Page 12 of 16 fami ly-oriented neighborhood. She understands new homes are needed, but she is concerned for the safety of the children and would also like the possibility of a third entrance be considered. She w ishes the zoning could remain R-2 and hopes Council wil l vote ' no ' on the rezoning. Counci lman Vance mentioned he is new to Council. He feels the concerns of the residents are valid and understands their concerns over multi-fami ly units. Listening to the other Council members during work sessions he believes they a ll understand their apprehensions. They are trying to balance to needs of the comm unity along with the concerns of the residents. It is asking a lot fo r someone to trust, to take someone at their word. He addressed Mr. Malinay and reiterated that he stated several times he plans to build s ingle family homes and all that anyone really has is their word. Policies can be put in place, but things can be tweaked and turned. Mr. Malinay and Counci l are on the hook for this. The commu nity is growing which is needed. Rooftops are tax dollars and those tax dollars help pay fo r the schools for the children and the SROs. We want to see dedicated SROs in all of our schools. This is a tough ask for everyone and not an easy road. He has driven through Fox Meadows, looked at the streets, and given it a lot of thought. This situation and the concerns of the residents are not being taken lightly. Everyone is looking at Mr. Malinay to be a man of his word . Someone began speaking from the audience and the Mayor requested he come to the microphone so he could be heard and to state his name. Andrew Vance, 209 Thistle Drive, said regardless of the decision will the residents be notified of what is goi ng to happen before it occurs? He was not speaking of the change, but the actual development itself and what it is. As a citizen of Bristol and a resident of Fox Meadows he wou ld like to know what is being built behind him before it happens so that he is completely aware. Mr. Malinay responded the prel iminary subdi vision pl at, which requires approval by the Planning Commission, will be submitted to City staff early next week . Anyone attending the Jul y 18th Comm ission meeting wi ll see the plat which in all substance is going to look 99.9% like the actual development except for tweaks necessary to meet City requirements. Counci lwoman Powers asked if the City would provide any other notification and Ms. Young explai ned if this item is approved tonight, there will be a public hearing and a second read at the July 12th Council meeting. If approved on second reading, the next step will be the plat process which rests with the Planning Commission. There is not a required advertisement for that, but the meeting agendas are always posted on the C ity website and the Planning Commission meetings are the third Monday of the month. Instead of checking the website monthly, she would be more than happy to provide the list of agenda items to anyone who wishes to call. Due to all the steps for this plat and the more in-depth reviews necessary for this project it may not be ready for the June 16th meeti ng of the Planning Commission, but she anticipates it will be on their July 18th agenda. She provided her contact information if any of the residents have questions. Councilwoman Powers is passionate about the feelings of the residents. In the past some of the decisions to pass up opportunities has led the City to miss out. She has driven through the subdivision and considered the views of the residents. Counci lwoman Feierabend apologized if her comments were considered to be condescending or flippant. She spoke about change being hard and knows from personal ex perience that is true. She too, has driven through Fox Meadows and also drove through a D.R. Horton development in Johnson City over the  City Counci l Meeting June 7, 2022 Pagel3ofl6 weekend. She has tried to do some homework and consider what is in front of Council. She feels the communication aspect should be reviewed. The C ity follows the letter of the law, but ti mes change and maybe other types of communication should be reviewed and considered. She expressed appreciation for the emails that were sent. They were thoughtful , respectful, and courteous and she highlighted some of the ideas for Council to consider. Councilman Hutton motioned to approve Ordinance 22-8 and Councilwoman Feierabend seconded. The Ordinance passed unanimously by roll call vote. Ordinance 22-9 - An Ordinance to Designate the Zoning of Property Newly Annexed Into the City of Bristol, Tennessee as PRO (Planned Residential District) (Fox Meadows Expansion) The City Manager explained this ordinance is a companion to the previous and is to designate the zoning of the newly annexed property. Counci lman Hutton motioned to approve and Counci lwoman Powers seconded. Counci lwoman Feierabend mentioned that traffic is part of the review process and that Counci l needs to continue to do studies for road improvements to accommodate growth. There was no further discussion and Ordinance 22-9 passed unanimously by roll call vote. Ordinance 22-10 - An Ordinance to Amend the Appropriation of Funds and Budget for the Fiscal Year July 1, 2021 through June 30, 2022 City Manager Sorah reviewed that Ordinance 22-10 is basically a housekeeping measure and is required by statute. It addresses either an increase in expenditures or an increase in revenues in a variety of funds for the current fiscal year. This ordinance addresses changes in several funds related to municipal functions and several related to school functions and he presented a brief overview of the changes. In addition to the revised appropriation am endments, several transfers are projected to exceed the original appropriations. If this item is approved on first reading tonight, a called meeting will need to be scheduled prior to the work session for the purpose of a public hearing and second reading for this ordinance. Counci lwoman Feierabend motioned to approve Ordinance 22-10 and Councilwoman Powers seconded. Ordinance 22-10 passed unanimously by roll call vote. C. Adoption of New Ordinances (Second Reading) : Ordinance 22-4 - An Ordinance to Amend the Zoning Map of Bristol, Tennessee by Designating Certain Property as B-3 (General Business Zone) (2216 Volunteer Parkway) This item was summarized during the public hearing earlier this evening. Counci lman Hutton motioned to approve and Counci lwoman Powers seconded. Councilwoman Feierabend stated she would be voting 'no ' as she feels some of it should remain residential. There was no additional discussion and Ordinance 22-4 passed by roll call vote as follows: Counci lwoman Powers Yes Mayor Luttrell Yes Counci lwoman Feierabend No Counci lman Hutton Yes  City Council Meeting June 7, 2022 Page 14 of 16 Ordinance 22-5 - An Ordinance to Amend Chapter 2, General Provisions Related to Planning and Zoning, to Provide for Special Adaptive Reuse Permits This item was summarized during the public hearing earlier this evening. Councilwoman Feierabend motioned to approve and Mayor Luttrell seconded . Councilwoman Feierabend commented this has been in the works for a long time and she is excited it is coming together. There was no further discussion and Ordinance 22-5 passed unanimously by roll call vote . Ordinance 22-6 - An Ordinance to Amend Chapter 3, Residential Districts, by Replacing Existing Section 308 - PRD District - Planned Residential in its Entirety This item was summarized during the public hearing earlier this evening. Councilman Hutton motioned to approve and Mayor Luttrell seconded. There was no di scussion and Ordinance 22-6 passed unanimously by roll call vote. Ordinance 22-7 - An Ordinance to Adopt a Budget, and Appropriate Funds for the Fiscal Year July 1, 2022 through Jun e 30, 2023 This item was summarized during the public hearing earlier this evening. Councilman Hutton motioned to approve and Council woman Feierabend seconded. Counci lwoman Powers made a motion to amend Ordinance 22-7. As approved on first reading, the City budgeted $236,000 to transfer to the schoo ls. She requested $ 100,000 of that amount be retained to hire two SROs leaving the schools with a transfer of the remaining $136,000. The City of Bristol, Tennessee will secure the hiring and appointment of two additional full-time SROs to serve in two additional elementary schools in the BTCS which are currently either unattended or have only part-time SROs. In addition to the new two full-time elementary SROs, Counci l affirms its continued financial support of the one full-time SRO assigned to Tennessee High School and the one full-time SRO assigned to the Bristol Tennessee Middle School. In total, Council supports the financial funding of four SROs along with equipping and training of all SROs. Along with the three full-time elementary school SR Os funded by the Bristol Tennessee School Board, this will provide a full-time SRO fo r each of the Bristol Tennessee C ity Schools. Councilman Hutton seconded the amendment. Councilwoman Powers went on to explain the school system will receive the initial $ 136,000. The C ity will retain $ 100,000 to provide a bridge for these two officers so they can be hired, put into place, and receive SRO training there will be SROs in all of the schools when the students return August I 51, except Viking Academy. Police Chief Matt Austin is wo rking diligently through the competitive grant process for additional SRO monies. If the grant applicati ons are approved, any grant monies received wo uld go to the school system to support the SRO program. Through this grant process, the school should receive close to the original funding amount of $236,000. Although there is no guarantee any grant mon ies will be received, this is a way to ensure there is an SRO at each school. There was no further discussion and the amendment to Ordinance 22-7 passed unanimously by roll call vote. The Ordinance 22-7 as amended passed by unanimous roll call vote.  City Council Meeting June 7, 2022 Page l 5of 16 CONSENT AGENDA: City Manager Sorah presented the Consent Agenda to Council. Counci lwoman Feierabend motioned to approve and Councilman Hutton seconded. The following items were approved by unanimous Council roll call vote: • Minutes May 3, 2022 City Council Meeting_ • Minutes May 24, 2022 City Council Work Session • Resolution 22-44 A Resolution Approving an Agreement with the Tennessee Department of Transportation for the Maintenance of State Highways • Resolution 22-45 A Resolution Awarding a Bid for the Purchase of a Canine for the Police Department • Resolution 22-46 A Resolution Awarding a Bid for Pavement Mark ings • Resolution 22-47 A Resolution Awarding a Proposal for Re-Insurance for the Self-Funded Health Insurance Plan • Resolution 22-48 A Resolution Authorizing Payment to Public Entity Partners for Legal Services • Resolution 22-49 A Resolution Adopting Amendment #3 to the City of Bristol Tennessee Group Health Plan • Reso lution 22-50 A Reso lution Authorizing Payment to Troutman Pepper Hamilton Sanders LLP for Legal Fees • Resolution 22-51 A Resolution Authorizing the Award of an Operation and Management Services Contract for the Bristol Regional Wastewater Treatment Plant • Reso lution 22-52 A Resolution Authorizing Entry into an Agreement for Neighborhood Mapping Services CITY MANAGER'S REPORT: Ci ty Manager Sorah mentioned earlier there needs to be a cal led meeting for a public hearing and the second reading of Ordinance 22-10 amending the Fiscal 2022 Budget. He would like for that to take place pri or to the work session which is currentl y scheduled for Tuesday, June 28th_ During the last work session, Vice Mayor Turner requested consideration of moving the work sessions from I 1 A.M. to 4 P.M. so Council needs to determine the starti ng time for that and subsequent work sessions. Councilman Hutton requested moving the work session to 6 P.M. instead of 4 P.M. and move the regular business meeting to 6:00 P.M. so all meetings begin at the same time. Councilwoman Feierabend said she was ok with 4, 5, or 6 P.M., but fee ls the new time should begin in July with the new fiscal year. Counci lwoman Powers likes the consistency of 6 P.M. The City Manager suggested since the req uest was made to wait unti l July for any time change, this item should be added to the June work session to  C ity Council Meeting June 7, 2022 Page 16 of 16 full y debate and reach a consensus for the starti ng time of both month ly meetings. Councilwoman Feierabend suggested it be added to the called meeting agenda since the change would require a vote and the City Manager agreed. The called meeti ng wi ll begin at 11 A.M. on June 28th to be immediately fo llowed by the wo rk session. C ity Manager Sorah expressed his appreciat ion for the budget team a nd acknowledged each one indi vidually. He congratulated Chief Mike Carrier and the entire Fire Department as they passed the first hurdle of the reaccreditation process for the Commission of Fire Accredi tati on International. The team of on-si te evaluators made a favorable recommendation for accreditation to the board. The Fire team will travel to appear before that board in mid-August. There are on ly a handful of Fire Departments across the nation that reach this designation. The regular Council business meeting, which woul d normally be July 5 1\ will be July 121h. CITY COUNCIL COMMENTS: Councilwoman Feierabend said the first Fi re accreditation in Charlotte several years ago. which she attended, was intense. There is a Juneteenth celebration on June 18th at Cumberland Park 4-8 P.M. Teen employment is the highest it has been in seventy years. She commented on the great j ob by Harvey Anderson and Richard Ba ll for the Memorial Day event. Governor Lee is working on SRO and hopefully more grants will become available. Councilman Hutton is glad for the discuss ion of SROs in aJI the schools as he has a son at Tennessee High and his wife is at Avoca. He hopes is it will become part of the normal C ity budget. He commended Chief Austin fo r the amazing job they do at bui ldi ng relationships with the students and their famili es. Councilwoman Feierabend added it is criticall y important for all the children to have support as it makes a difference in their li ves. Councilwoman Powers feels the fi rst step in having a great education is having those basic and essential needs met. It is important the students fee l safe and secure at school and for educators to be able to devote themselves to their classroom and students. For some students, school is the only place they fee l absolutely safe. Mayor Luttrell acknowledge the Sullivan County Commissioners m attendance and expressed appreciation to City staff fo r the work they do every day. Councilwoman Powers added that Commissioner Rolfe was in the area yesterday and ACT Com pany is bringing in excess of 300 jobs to the area and she congratul ated the local econom ic development team fo r their work. There being no further business, the meeti ng was adjourned at 10:06 P.M. ()1~ -ff:,~LJ;7LJ ~i.uWRU-~ M1lr}'Le~iams, Ci ty Recorder Mahl on Luttrel ~yor