Cleveland City Council

p. 326 REGULAR SESSION FEBRUARY 13, 2017 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, FEBRUARY 13, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Beverley Lindsey, Executive Secretary II; Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kris Miller, IT Director; Brian Moran; Social Media Coordinator; Marshall Stinnett with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry and Gary Farlow with the Chamber of Commerce; City Reporter Randall Higgins; School Board Members Dawn Robinson and Charlie Cogdill; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Avery Johnson, the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on January 23, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone 0.31 acres located on 20th Street NW and Caywood Drive NW from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition to the rezoning. Jerry Barrow, who lives in Everhart Subdivision stated he, along with Van Deacon feel the location of the lot would be better to remain as a single family development and that would be the best use for the property. Mayor Rowland stated the Planning Commission has voted for denial of the rezoning. Mayor Rowland then declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to section 5.6 of the zoning regulations to create provisions governing the establishment of three sided billboards. Mayor Rowland asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meetings is being held as a public hearing to hear public comments concerning an amendment to sections 2.1, 2.11.1 and Table 1 of the zoning regulations to clarify the language relative to the development of public facilities in various zoning districts. Mayor Rowland asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 327 REGULAR SESSION FEBRUARY 13, 2017 PAGE -2- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda. • Final Passage - Ordinance No: 2017-01 – heretofore passed on first reading January 23, 2017 and found in Minute Book 28, Page 318; amending the FY2017 Budget. • Final Passage - Ordinance No: 2017-02 – heretofore passed on first reading January 23, 2017 and found in Minute Book 28, Page 323; zoning about 18.28 acres located on 22nd Street NW and New Murraytown Road NW from the unincorporated county to R1 Single Family Residential Zoning District. • Resolution No: 2017-06 – To endorse the Governor’s proposal for additional state transportation funding contained within the Improve Act. RESOLUTION NO: 2017-06 RESOLUTION ENDORSING THE GOVERNOR’S PROPOSAL FOR ADDITIONAL STATE TRANSPORTATION FUNDING CONTAINED WITHIN THE IMPROVE ACT WHEREAS, the City of Cleveland is responsible to provide for the welfare of all citizens of Cleveland through high quality services, sound leadership and progressive planning for the future of Cleveland; and WHEREAS, this organization is comprised of local elected officials within the City of Cleveland, Tennessee; and WHEREAS, the members of this organization recognize that many State and Local roads and bridges within the region are in need of improvement or new construction to address capacity, safety and economic development concerns; and WHEREAS, additional investment in critical transportation infrastructure is necessary in order to ensure the economic competitiveness of the State of Tennessee and to secure economic opportunity for its residents; and WHEREAS, the current levels of Federal and State funding for road and bridge construction are inadequate to fund needed transportation improvements within the region; and WHEREAS, the Governor’s proposal to increase transportation funding in the State of Tennessee is a thoughtful and conservative plan in keeping with the tradition of fiscal stewardship for which our State is so well known; and WHEREAS, the Governor’s proposal provides comprehensive, balanced, and responsible solutions to the State’s transportation needs, and will provide additional funding for projects in all 95 Counties at a cost to the average driver of roughly $4 per month; and WHEREAS, the Governor’s proposal will result in funding for 962 projects, all of which will be complete, under construction, or under contract by 2030; and WHEREAS, the Governor’s proposal will generate additional funds to address local transportation issues, resulting in additional direct annual funding of $39 million for cities and $78 million for counties across the State; and WHEREAS, the Governor’s proposal will provide a sustainable long term solution to the State’s transportation funding needs, resulting in increased safety, prosperity, livability and access for our children, our grandchildren, and for generations to come; p. 328 REGULAR SESSION FEBRUARY 13, 2017 PAGE -3- MINUTE BOOK 28 NOW, THEREFORE, BE IT RESOLVED that the members of the City of Cleveland support the IMPROVE Act (Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy) which provides for increased funding levels and additional funding options for transportation improvements, and the increased funding it would provide to county and municipal governments for maintenance and improvements of the local highway system, and FURTHERMORE, that copies of this Resolution be sent to the elected members of the Tennessee General Assembly representing the City of Cleveland, and FURTHERMORE, that copies of this resolution be sent to the Governor of the State of Tennessee and to the Commissioner of the Tennessee Department of Transportation; The public welfare demanding it. This 13th day of February, 2017. /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-07 – 2016 Tax Refund; Elise M. Languedoc ($334.00). RESOLUTION NO: 2017-07 WHEREAS, Stanley M. Thompson, Assessor of Property, has recently notified the City of Cleveland, Tennessee, that a change has been made in the 2016 real property taxes assessed to Elise M. Languedoc; and WHEREAS, a copy of the Assessor’s notice to the City is attached hereto and incorporated herein by reference; and WHEREAS, as a result of the notice from the assessor's office, this taxpayer is entitled to a refund for the overpayment of her 2016 real property taxes; and WHEREAS, the parcel of property is generally identified as Map 042O, Group H, Parcel 003.08 SI 000 (2016 Receipt Number 17762); and WHEREAS, this taxpayer has been determined by the Assessor’s office to be entitled to a tax refund of $334.00 for 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Clerk be, and hereby is, authorized to refund to Elise M. Languedoc the sum of $334.00 for the overpayment of her 2016 real property taxes. ./s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring certain vehicles as surplus and to be sold on Govdeals.com for the Police Department. p. 329 REGULAR SESSION FEBRUARY 13, 2017 PAGE -4- MINUTE BOOK 28 MEMO: TO: MAYOR & CITY COUNCIL FROM: MELINDA CARROLL DATE: February 8, 2017 SUBJECT: VEHICLES – SURPLUS I respectfully request the City Council declare the following vehicles surplus and to be sold: Vehicle Minimum Bid 1996 Jeep Cherokee – VIN #64514 $750 1996 Chevrolet Lumina – VIN #72205 $300 2000 Nissan Maxima – VIN #79263 $500 These items will be placed on Govdeals.com with a minimum bid set for each vehicle as listed above. Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Banks; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks commented he liked the new audience chair placement and then thanked Mr. Fivas and all Department Heads for their presentations during today’s Strategic Planning Session. Vice Mayor Johnson stated he appreciates Mr. Myers for the addressing the sign that needed repainting along Tennessee Nursery Road so quickly. Councilman Estes thanked staff for speaking and listening to concerns with the neighborhood association concerning the hours at the new Blythe Park. He also thanked Mr. Fivas for identifying the alleyways in the Blythe neighborhood that can’t be closed. There is a lot of momentum there and having a responsive staff has been great. Councilman Cassada thanked City Staff for their work on the presentations held during the Strategic Planning Session. Councilman Hughes stated todays Strategic Planning Session was very uplifting to have an opportunity to see where we’ve been and where we’re going in the future. He then commended Mr. Fivas on the five community meetings that were held and to all the staff that attended. He thanked the School Board for their presentations during those meetings as well. The Highway 60 and Mouse Creek area update was much appreciated. They were good meetings and obtained information that will be helpful for our city. Councilman Hughes then asked if the March 13 meeting could be canceled due to Spring Break in our School system. Mayor Rowland asked Mr. Fivas if there were any legal hearings scheduled or anything else time wise for that meeting. Mr. Fivas stated both Assistant City Managers say we’re good to cancel the meeting. p. 330 REGULAR SESSION FEBRUARY 13, 2017 PAGE -5- MINUTE BOOK 28 NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2017-03 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District. Approximately .31 acres, more or less, located northeast quadrant of 20th St NW and Caywood Dr NW as shown on the attached map. For reference, see Book 2221 Page 294 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 49C Group C Parcels 31.00 in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. ./s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Ordinance No: 2017-03 be denied on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 331 REGULAR SESSION FEBRUARY 13, 2017 PAGE -6- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2017-04 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 5.6 TO PROVIDE FOR PROVISIONS CONCERNING 3 SIDED BILLBOARDS; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has considered the impacts of permitting 3 sided billboards; and WHEREAS the City Council has determined that the existing zoning regulations should be revised to allow for the proliferation of 3 sided billboards in certain circumstances; and WHEREAS the proposed amendment may ultimately reduce the overall number of billboards in the community and make more efficient use of existing sign poles; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 5.6 to read as follows: 5.6. Billboards Billboards are allowed in the CH, IL, and IH zoning districts as principally permitted uses. Billboards are allowed as principally permitted uses in those portions of the CG and PI zoning districts which are within 200 feet of the Interstate 75 right-of-way, and in that portion of the CG zoning district within 1200 feet of the Interstate 75 right-of-way where there is frontage on a street with four or more lanes if the aforesaid street directly connects with an I-75 interchange. Billboards are allowed as a conditional use in the B zone. Billboards can be allowed in a PUD district if specified as a permitted use. Though not considered an accessory use, they may be co- located with other uses on the same site. The following rules are specific to billboards: 5.6.1. Billboards must be spaced a minimum of five hundred (500) feet apart measured in a straight line distance on the same side of a street and a minimum of four hundred (400) feet apart measured from a radius of each billboard location. In applying this rule "same side of a street" shall mean the primary public street toward which a sign display area or sign face of a billboard is oriented and from which it is intended to be observed by passing motorists, and the intent is that any part of any two billboards along the same side of such street would be at least 500 feet apart. Likewise it is intended that no part of any billboard shall be within a 400 foot radius of any part of another billboard. 5.6.2. No part of any billboard shall be located within three hundred feet (300) feet of any R1, R2, R3, R4, or R5 zoning district. No part of any billboard shall be located within five hundred (500) feet of any historic site listed on the National Register of Historic Places or within five hundred (500) feet of any historic preservation zoning district. 5.6.3. No part of any billboard shall overhang or be within 5 feet of the public right-of-way and no part of any billboard shall overhang or be within any utility easement. p. 332 REGULAR SESSION FEBRUARY 13, 2017 PAGE -7- MINUTE BOOK 28 5.6.4. No sign display area on a billboard sign face shall be greater than three hundred (300) square feet. However, where billboards are permitted within 660 feet of I-75 the maximum size of the total sign display area shall be the maximum size for billboards set forth in the State of Tennessee Department of Transportation Rules and Regulations for the Control of Outdoor Advertising. 5.6.5. The maximum height shall be thirty-five (35) feet measured from the ground level, except in a location where permitted within 660 feet of I-75 where the height shall be the same as those set forth in the State of Tennessee Department of Transportation Rules and Regulations for the Control of Outdoor Advertising. In no case shall the bottom of the sign display area be less than 18 feet from the ground. 5.6.6. Billboards shall be constructed in accordance with the Building Code; however, wood structures are prohibited. Billboards shall not be built, installed or displayed except as free- standing structures. Billboards shall not be built, installed, or displayed as wall signs, awning signs, or roof signs. 5.6.7. A building permit and a sign permit are required to install a billboard. Billboards must be installed by properly licensed contractors and permits will be issued by the Building Official only to such contractors. Permits require a set of plans drawn by a Tennessee licensed professional engineer. Plans will include electrical and lighting details, as well as details on the foundation, the billboard structure, fastening, and windload. The Building Official may require additional information, such as soils testing, as he or she deems necessary. 5.6.8. Billboards are subject to inspection by the Building Official. Billboard owners shall correct, with maintenance and/or repair or removal or replacement of the billboard, problems found during an inspection. 5.6.9. Billboards shall not be constructed so as to have two or more sign display areas stacked vertically with one on top of the other, or located side by side, or otherwise located on the same supporting structure except as provided herein. A "V" shaped billboard is allowed with not more than one (1) sign face on each side of the "V" and where the interior angle of the "V" is not more than 35 degrees. Notwithstanding the description of a "V" shape, it is not intended to preclude the back-to-back location of two sign faces in a billboard as opposed to the "V" design. Notwithstanding the above paragraph, three-sided billboards shall be permitted when the subject billboard is situated such that the third side is directed toward an on or off ramp accessing Interstate 75 onto a local or state road. No billboards shall be allowed to be located within 1000’ of a three sided billboard on the “same side of the street” adjoining Interstate 75. 5.6.10. The use of LEDs or other types of lights to produce sign copy on billboards are permitted provided they conform to the requirements of section 5.2.1.K. of the zoning ordinance. LED billboards shall additionally have a spacing distance of 750 linear feet on the traveled roadway between digital billboards on the same road and traveling in the same direction. Furthermore, LED billboards shall not be permitted within five hundred feet (500’) of any historic zoning district. Billboards may be internally or externally lighted. The lighting of billboards shall not produce glare or excessive light on adjacent properties or public rights-of-way or interfere with motorists' vision. No flashing or intermittent light source shall be used on a billboard, and neither shall any lighting that creates the appearance or motion. Billboards are allowed to incorporate changeable copy through mechanical means. p. 333 REGULAR SESSION FEBRUARY 13, 2017 PAGE -8- MINUTE BOOK 28 5.6.11. No billboard shall incorporate any sign copy that has been determined by a court of competent jurisdiction to be obscene under the laws of Tennessee. Section 2. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 3. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. ./s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Ordinance No: 2017-04 be voted for passage on first reading. The motion was seconded by Councilman Cassada. Councilman Banks asked for comments from staff on this ordinance. Mr. Jobe stated this amendment clarifies the ordinance and this particular amendment will apply to an existing sign at Exit 27. It will restrict 3-sided billboards within 1,000ft of each other. Upon roll call the motion unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-05 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.1, 2.11.1 AND TABLE 1 TO CLARIFY THE EXEMPTIONS WITHIN THE ZONING FOR PUBLIC SERVICES; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has recognized the ambiguity of the existing language concerning public facilities; and WHEREAS the City Council has determined that emergency services facilities and other public service facilities owned and operated by governmental entities are necessary to serve the public welfare within all zoning districts should not be encumbered and limited to specific zoning districts; and WHEREAS the existing zoning regulations should be revised to allow for the location of public facilities throughout the city as necessary to maintain a high degree of public safety and public service; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.1 to read as follows: p. 334 REGULAR SESSION FEBRUARY 13, 2017 PAGE -9- MINUTE BOOK 28 2.1 General Provisions. No Building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted in the district in which it is located, except as hereafter provided. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area, lot width, building area, or other requirements of this ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose including but not limited to emergency service facilities such as buildings, garages, and/or dispatch centers for ambulances, fire police and rescue and the like and other public services and facilities owned and operated by a governmental entity. 2. 2.11.1 shall remove the following language under letter H: H. Emergency service facilities such as buildings, garages, and/or dispatch centers for ambulances, fire police and rescue; Section 3. Table 1 within the Zoning Ordinance shall reflect the following: “Emergency services facility and/or dispatch center” shall be amended to also include “and other public facilities and services”. This uses shall be amended to be reflected as a permitted use within all zoning districts. Section 4. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 5. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 6. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. ./s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2017-05 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Hughes moved to develop a Senior Citizens Advisory Committee, which was discussed at the community district meetings. This would involve no money and no output from the City. It would consist of seven senior citizens, who would like to have the ear of the Council periodically, to share senior citizen needs. He proposed each district, as well as the at- large Council members choose a member and Mr. Fivas outline the details. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. Mayor Rowland stated the event celebrating Cleveland’s 175th birthday on February 4th was held to also raise funds for the Taylors Springs project. Councilman Banks stated the committee is meeting Wednesday and they will announce the amount raised and pledges received. Mayor Rowland stated City offices will be closed on Monday, February 20th in observance of Presidents’ Day. Councilman Hughes amended his motion on the Senior Citizens Advisory Committee to include appointment of Mayor Rowland as Chairman. The amendment to the motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. p. 335 REGULAR SESSION FEBRUARY 13, 2017 PAGE -10- MINUTE BOOK 28 Several Lee University students from Professor Finch’s Digital Media class addressed the City Council and asked questions of the Mr. Fivas, Mayor Rowland and the City Council about the vision of the City, how to encourage growth and public safety. Mayor Rowland stated it is about quality of life in the community and downtown revitalization is important to keep the area vibrant. Councilman Banks encouraged the class to go online and complete the citizen survey. There being no future business the meeting was adjourned at 3:46 p.m. _________________________________ ______________________________ Mayor City Clerk