Cleveland City Council

AGENDA Cleveland City Council Work Session – November 9, 2015 1:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. 911 Communications Agreement (p. 1-9) B. Michael Poore, owner of Catch Bar & Grill – Concerning dumpster usage II. UPDATES FROM THE CITY MANAGER A. CHS Gym B. Purchase of 5ive Points Building – Shawn McKay C. Purchase of Gilbert parking lot on Keith Street – Shawn McKay D. Right-of-way acquisition for Paul Huff extension – Jonathan Jobe (p. 10-11) E. Salvage Yard/Recycle Center on South Lee Hwy (p. 12-17) F. Q-Alert update – Kris Miller (p. 18) III. REVIEW OF 3:00 AGENDA – CITY MANAGER IV. REPORTS OF COUNCIL MEMBERS A. Councilman Johnson E. Vice Mayor Poe B. Councilman May F. Councilman McKenzie C. Councilman Hughes G. Councilman Estes D. Councilman Banks V. ANNOUNCEMENTS VI. OTHER BUSINESS A. Update of the Personnel Manual  Technology Policy as requested by Councilman Banks and approved by Attorneys.  Columbus Day Holiday added per Mayor Rowland  Clothing Allowance Policy removed per Councilman Banks  Personnel Policy can be presented as: o Policy without appeal o Policy with appeal to third party hearing officer  AGENDA Cleveland City Council Regular Session – November 9, 2015 3:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE & PRAYER IV. WAIVE READING OF MINUTES A. Regular Session – October 26, 2015 (p. 1). V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Proclamation – LaVoy Jones Day B. Introduction of new Captains Robert Harbison and Stacy Smith C. Introduction of Master Patrol Officers: Brandy Brown, Brett Taylor, Jody Musselwhite, Anthony Cochran, Travis Graig, Kody Fox, Brian Montgomery and Mike Ricker. D. Public Hearing - To hear public comments concerning a request to zone 4.8 acres located at 201 and 205 20th St SE to IH Heavy Industrial District (Planning Commission: Approved 6-0; 2 members absent, 1 member stepped out of meeting) (p. 2-4). E. Public Hearing - To hear public comments concerning a request to rezone 0.94 acres located at 393 and 395 South Ocoee St from MU Mixed Use District to CBD Central Business District (Planning Commission: Approved 7-0; 2 members absent) (p. 5-9). F. Public Hearing - To hear public comments concerning a request to rezone 0.344 acres located at an abandoned right-of-way between Cherry St NE and Carolina St NE to R3 High Density Residential District (Planning Commission: Approved 6-0; 2 members absent, 1 member stepped out of meeting) (p. 10-12) G. Public Hearing - To hear public comments concerning a request to rezone 1.02 acres located at 991 Gaut St SE from R2 Low Density Single and Multi-family Residential Zoning District to CH Commercial Highway District (Planning Commission: Approved 7-0; 2 members absent) (p. 13-16).  H. Public Hearing - To hear public comments concerning a request to rezone 4.76 acres located at Smith Dr and Cedar Ln from CH Commercial Highway District to R2 Low Density Single and Multi-family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 17-21). I. Public Hearing – To hear public comments concerning a resolution to annex about 7.38 acres located at Dalton Pike and Buchanan Circle SE and a resolution to adopt a Plan of Service for the annexation area (Planning Commission: Approved 7-0; 2 members absent) (p. 22-23). J. Public Hearing – To hear public comments concerning the zoning of about 7.38 acres located at the intersection of Dalton Pike and Buchanan Circle SE from the unincorporated county to CH Commercial Highway Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 24-25). K. Public Hearing - To hear public comments concerning a resolution to annex about 0.60 acres located at Kensington Park Dr NW and a resolution to adopt a Plan of Service for the annexation area (Planning Commission: Approved 7-0; 2 members absent) (p. 26-27). L. Public Hearing – To hear public comments concerning the zoning of about 0.60 acres located at Kensington Park Dr from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 28-29). IV. CONSENT AGENDA A. Final Passage - Ordinance No: 2015-30 – Rezoning 12.22 acres located at 2020 Bates Pike from IL Light Industry and CH Commercial Highway District to R3 Multi-Family Residential (Planning Commission: Approved 8-0; 1 member absent) (p. 30-32). B. Resolution No: 2015-86 – 2013 and 2014 Tax Refund; Ralph and Mary York ($797.00) (p. 33-35) C. Resolution No: 2015-87 – 2014 Tax Refund; Nancy McClure ($136.00) (p. 36-37). D. Bid Report – Stuart Road paving project (p. 38) E. Reappointment – Cleveland Housing Authority – Sharon Westfield for an additional 5-year term to expire 11/2020 (p. 39-40). F. Reappointment – Board of Zoning Appeals – Dan Moore for an additional 3-year term to expire 11/2018.  G. Reappointment – Housing Board of Adjustments and Appeals – Ann Mastin for an additional 3-year term to expire 10/2018. H. Reappointment – Wrecker Board – Chris McLease for an additional 5-year term to expire 10/2020. I. Reappointment – Human Resource Committee - Jason Pennell as Fire Department representative (p. 41). J. Appointment – Human Resource Committee – Amy Newman as Administration and Finance representative (p. 42). V. UNFINISHED BUSINESS VIII. REPORTS OF COUNCIL MEMBERS A. Councilman Johnson E. Vice Mayor Poe B. Councilman May F. Councilman McKenzie C. Councilman Hughes G. Councilman Estes D. Councilman Banks IX. NEW BUSINESS AND ORDINANCES A. Resolution No: 2015-88 – Approving of the 911 Communications Agreement (p. 43-52) B. Ordinance No: 2015-31 – Amending Title 20, Chapter 5, Section 20-506(2) of the Municipal Code concerning the removal process for healthy public trees and street shade trees the industrial park (p. 53-54) C. Ordinance No: 2015-32 - Amending Title 15, Chapter 1, Section 15-134 to update the section relative to wearing of seat belts and to provide for increased fines effective 1/1/2016 for failing to wear seat belts as mandated by State Law (p. 55-63). D. Ordinance No: 2015-33 – Amending Title 3, Chapter 4, Section 3-401(2)(a) of the Municipal Code pertaining to the applicable litigation tax for overtime parking offenses (p. 64). E. Zoning Ordinance No: 2015-34 – Zoning 4.8 acres located at 201 and 205 20th St SE to IH Heavy Industrial District (Planning Commission: Approved 6-0; 2 members absent, 1 member stepped out of meeting) (p. 65-66). F. Zoning Ordinance No: 2015-35 – Rezoning 0.94 acres located at 393 and 395 South Ocoee St from MU Mixed Use District to CBD Central Business District Planning Commission: Approved 7-0; 2 members absent) (p. 67-68).  G. Zoning Ordinance No: 2015-36 – Rezoning 0.344 acres located at an abandoned right-of-way between Cherry St NE and Carolina St NE to R3 High Density Residential District (Planning Commission: Approved 6-0; 2 members absent, 1 member stepped out of meeting) (p. 69-70) H. Zoning Ordinance No: 2015-37 – Rezoning 1.02 acres located at 991 Gaut St SE from R2 Low Density Single and Multi-family Residential Zoning District to CH Commercial Highway District (Planning Commission: Approved 7-0; 2 members absent) (p. 71-72). I. Zoning Ordinance No: 2015-38 – Rezoning 4.76 acres located at Smith Dr and Cedar Ln from CH Commercial Highway District to R2 Low Density Single & Multi-family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 73-74). J. Resolution No: 2015-89– Adopting the Plan of Service for the annexation of about 7.38 acres located at Dalton Pike and Buchanan Circle SE (Planning Commission: Approved 7-0; 2 members absent) (p. 75-82) K. Resolution No: 2015-90 – Annexation of about 7.38 acres located at Dalton Pike and Buchanan Circle SE (Planning Commission: Approved 7-0; 2 members absent) (p. 83-85). L. Zoning Ordinance No: 2015-39 - Zoning of about 7.38 acres located at Dalton Pike and Buchanan Circle SE (Planning Commission: Approved 7-0; 2 members absent) (p. 86-88). M. Resolution No: 2015-91 – Adopting the Plan of Service for the annexation of about 0.60 acres located at Kensington Park Dr NW (Planning Commission: Approved 7-0; 2 members absent) (p. 89-98) N. Resolution No: 2015-92 – Annexation of about 0.60 acres located at Kensington Park Dr from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 99-100). O. Zoning Ordinance No: 2015-40 – Zoning of about 0.60 acres located at Kensington Park Dr from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0; 2 members absent) (p. 101-102). X. ANNOUNCEMENTS A. Cleveland Fire Department Career Showcase – November 10th – 6:00 – 7:30 p.m. B. TML District Meeting at the Museum Center - November 19th 10:00 a.m. - Noon  C. Holiday Schedule: City offices will be closed as follows:  Wednesday, November 11th for the Veteran’s Day Holiday. Ceremony will be held at the Bradley County Courthouse Plaza.  Thursday and Friday, November 26-27 for the Thanksgiving Holiday.  Thursday, December 24th, Friday, December 25th for the Christmas Holiday and Thursday, December 31st and Friday, January 1st for the New Year’s Holiday (This is mirroring the State Holiday Schedule and Bradley County).  The City Clerk’s Office will be open normal hours on December 31st for property tax payments. D. Waste Connections Holiday Schedule – November 26 (Thanksgiving Day) will run on Friday and Friday's route on Saturday. December 25 (Christmas Day) will run on Saturday. XI. OTHER BUSINESS