Cleveland City Council

AGENDA Cleveland City Council Work Session – June 26, 2017 1:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL II. UPDATES FROM THE CITY MANAGER A. Discussion of Mainstreet Grant B. Discussion of New Downtown PILOT Program III. REVIEW OF 3:00 AGENDA – CITY MANAGER IV. REPORTS OF COUNCIL MEMBERS A. Councilman Banks E. Councilman Cassada B. Vice Mayor Johnson F. Councilman May C. Councilman McKenzie G. Councilman Hughes D. Councilman Estes V. ANNOUNCEMENTS VI. OTHER BUSINESS  AGENDA Cleveland City Council Regular Session – June 26, 2017 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 – May 22, 2017 (p. 1). V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Public Hearing - To hear public comments concerning a rezoning request by Development and Engineering Staff for 4.74 acres more or less on Unity Dr and Blythe Ferry Rd NE (Tax Map50C Group D Parcels 15.00, 16.00, 17.00 and 18.00 and Tax Map 50 Parcels 2.00, 3.00 and 4.08) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 6-0: 1 member recused; 2 members absent) (p. 2-4). B. Public Hearing - To hear public comments concerning a rezoning request by First Cumberland Presbyterian Church for 20.07 acres more or less on Paul Huff Parkway and Mouse Creek Rd NW (Tax Map 34I Group B Parcel 14.00) from RA Residential Agricultural and R3 High Density Residential Zoning District to PUD13 Planned Unit Development (Planning Commission: Approved 7-1; 1 member absent) (p. 5-9). C. Public Hearing - To hear public comments concerning a rezoning request by the Ellis Family and Steve and Linda Williams for 3.27 acres more or less on Paul Huff Parkway, Ellis Circle and Benton Dr NW (Tax Map 34I Group A Parcel 4.00, 5.00 and 6.00 and Tax Map34I Group B Parcels 11.00 and 64.00) from R3 High Density Residential Zoning District to PUD14 Planned Unit Development (Planning Commission: Approved 8-0; 1 member absent) (p. 10-12). D. Public Hearing - To hear public comments concerning a rezoning request by Steve and Linda Williams for 5.26 acres more or less on Paul Huff Parkway, Peerless Extension and Benton Dr NW (Tax Map34I Group B Parcels 10.00) from R3 High Density Residential Zoning District to PUD15 Planned Unit Development (Planning Commission: Approved 7-0; 1 member left during meeting; 1 member absent) (p. 13-15).  E. Public Hearing - To hear public comments concerning a rezoning request by Clarke Taylor and Dee Burris for 3.16 acres more or less on Ellis Circle and Benton Dr NW (Tax Map34I Group B Parcels 12.00, 12.01 and 12.02) from R3 High Density Residential Zoning District to PUD16 Planned Unit Development (Planning Commission: Approved 5-0; 2 members recused; 2 members absent) (p. 16-18). F. Public Hearing - To hear public comments concerning an amendment to Table 3 of the zoning regulations to amend the setbacks and impervious requirements within the residential zoning districts (Planning Commission: Approved 7-0; 2 members absent) (p. 19-21). G. Public Hearing - To hear public comments concerning a resolution to annex about 3.9 acres located at 1682 South Lee Hwy and a resolution to adopt a Plan of Service (POS) for the annexation area (Planning Commission: Approved 7-0; 2 members absent) (p. 22-23). H. Public Hearing – To hear public comments concerning the zoning of about 3.9 acres located at 1682 South Lee Hwy from the unincorporated county to CH Commercial Highway (Planning Commission: Approved 7-0; 2 members absent) (p. 24-25). I. Public Hearing - To hear public comments concerning a resolution to annex about 0.98 acres located on Georgetown Rd and a resolution to adopt a Plan of Service (POS) for the annexation area (Planning Commission: Approved 6-0; 1 member recused; 2 members absent) (p. 26-27). J. Public Hearing - To hear public comments concerning the zoning of about 0.98 acres located on Georgetown Rd from the unincorporated county to CG General Commercial Zoning District (Planning Commission: Approved 6-0; 1 member recused; 2 members absent) (p. 28-29). K. Public Hearing - To hear public comments concerning a request by the adjoining property owners to abandon a section of 7th St NE located between Church St NE and Parker St NE (Planning Commission: Approved 9-0) (p. 30-37). L. Public Hearing - To hear public comments concerning a request by the adjoining property owners to abandon a portion of 4th St NE located between Parker St NE and Trunk St NE (Planning Commission: Approved 9-0) (p. 38-43). VI. CONSENT AGENDA A. Final Passage - Ordinance No: 2017-19 – FY2017 Budget Amendments (p. 44-52). B. Resolution No: 2017-41 – Amending the agreement with D’Alton Properties, LLC related to Greenway property use (p. 53-60). C. Resolution No: 2017-43 - Authorizing the Mayor to sign contract amendment number 3 with TDOT for the Roadscapes Phase 3 grant (p. 61-64).  D. Resolution No: 2017-44 – Authorizing the Mayor to apply for the Cops Hiring Grant Program (p. 65). E. Reappointment – Building Board of Adjustment and Appeals – Chris Lyle for an additional 3-year term to expire January 2020 (p. 66-67). F. Reappointment – Building Board of Adjustment and Appeals – Jim Williams for an additional 3-year term to expire January 2020. G. Reappointment – Building Board of Adjustment and Appeals – Dennis Epperson for an additional 3-year term to expire January 2020. H. Appointment – Building Board of Adjustment and Appeals – Dennis Norman for a 3-year term to expire January 2020. I. Appointment – Building Board of Adjustment and Appeals – Chad Dean for a 3-year term to replace Doug Caywood to expire January 2018. J. Appointment – Building Board of Adjustment and Appeals – Lisa Stanbery for a 3-year term to replace Kent Berry to expire January 2018. K. Reappointment – Vacant Property Review Board – Oscar Kelly for an additional 2-year term to expire May 2019. L. Reappointment – Vacant Property Review Board – Jeff Morelock for an additional 2-year term to expire May 2019. M. Reappointment – Vacant Property Review Board – Heath Grisham for an additional 2-year term to expire May 2019. N. Reappointment – Plumbing Board – Mark Woods for an additional 5-year term to expire May 2022. O. Reappointment – Plumbing Board – Chris Lyle for an additional 5-year term to expire May 2022. P. Appointment – Bradley Cleveland Community Service Board – Councilman Tom Cassada to replace George Poe. VII. UNFINISHED BUSINESS A. Resolution No: 2017-42 – Waiving any and all rights to all or part of any funds that may be due the City of Cleveland as a result of Bradley County borrowing funds for the financing of the American Uniform property until July 15, 2019 (p. 68-75). B. Bid Report – Fire Station #6 (p. 76). VIII. REPORTS OF COUNCIL MEMBERS A. Councilman Banks E. Councilman Cassada B. Vice Mayor Johnson F. Councilman May C. Councilman McKenzie G. Councilman Hughes D. Councilman Estes IX. NEW BUSINESS AND ORDINANCES A. Surplus Property – To declare 0.22 acres located on Hill St SE as surplus property and to accept sealed bids (p. 77-78). B. Surplus Property Bid Report – Sale of Surplus property at Old Michigan Ave & Benton Pike (p. 79). C. Ordinance No: 2017-20 – Amending Title 18, Chapter 3 Section 18-301 through 18-314 of the Municipal Code pertaining to the City’s MS4 Phase II Stormwater Management Program (p. 80-146). D. Zoning Ordinance No: 2017-21 – Rezoning 4.74 acres more or less on Unity Dr and Blythe Ferry Rd NE (Tax Map50C Group D Parcels 15.00, 16.00, 17.00 and 18.00 and Tax Map 50 Parcels 2.00, 3.00 and 4.08) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 6-0: 1 member recused; 2 members absent) (p. 147-148). E. Zoning Ordinance No: 2017-22 – Rezoning 20.07 acres more or less on Paul Huff Parkway and Mouse Creek Rd NW (Tax Map 34I Group B Parcel 14.00) from RA Residential Agricultural and R3 High Density Residential Zoning District to PUD13 Planned Unit Development (Planning Commission: Approved 7-1; 1 member absent) (p. 149-158). F. Zoning Ordinance No: 2017-23 – Rezoning 3.27 acres more or less on Paul Huff Parkway, Ellis Circle and Benton Dr NW (Tax Map 34I Group A Parcel 4.00, 5.00 and 6.00 and Tax Map34I Group B Parcels 11.00 and 64.00) from R3 High Density Residential Zoning District to PUD14 Planned Unit Development (Planning Commission: Approved 8-0; 1 member absent) (p. 159-168). G. Zoning Ordinance No: 2017-24 – Rezoning 5.26 acres more or less on Paul Huff Parkway, Peerless Extension and Benton Dr NW (Tax Map34I Group B Parcels 10.00) from R3 High Density Residential Zoning District to PUD15 Planned Unit Development (Planning Commission: Approved 7-0; 1 member left during meeting; 1 member absent) (p. 169-178). H. Zoning Ordinance No: 2017-25 – Rezoning 3.16 acres more or less on Ellis Circle and Benton Dr NW (Tax Map34I Group B Parcels 12.00, 12.01 and 12.02) from R3 High Density Residential Zoning District to PUD16 Planned Unit Development (Planning Commission: Approved 5-0; 2 members recused; 2 members absent) (p. 179-188).  I. Ordinance No: 2017-26 – Amending Table 3 of the Zoning Regulations to amend the setbacks and impervious requirements within the residential zoning districts (Planning Commission: Approved 7-0; 2 members absent) (p. 189-191). J. Resolution No: 2017-36 - A resolution adopt a Plan of Service (POS) for the annexation area of about 3.9 acres located at 1682 South Lee Hwy (Planning Commission: Approved 7-0; 2 members absent) (p. 192-199). K. Resolution No: 2017-37 - A resolution to annex about 3.9 acres located at 1682 South Lee Hwy (Planning Commission: Approved 7-0; 2 members absent) (p. 200-207). L. Zoning Ordinance No: 2017-27 – Zoning of about 3.9 acres located at 1682 South Lee Hwy from the unincorporated county to CH Commercial Highway (Planning Commission: Approved 7-0; 2 members absent) (p. 208-209). M. Resolution No: 2017-38 – A resolution to adopt a Plan of Service (POS) for the annexation area of about 0.98 acres located on Georgetown Rd (Planning Commission: Approved 6-0; 1 member recused; 2 members absent) (p. 210-217). N. Resolution No: 2017-39 – A resolution to annex about 0.98 acres located on Georgetown Rd (Planning Commission: Approved 6-0; 1 member recused; 2 members absent) (p. 218-225). O. Zoning Ordinance No: 2017-28 - Zoning of about 0.98 acres located on Georgetown Rd from the unincorporated county to CG General Commercial Zoning District (Planning Commission: Approved 6-0; 1 member recused; 2 members absent) (p. 226-227). P. Ordinance No: 2017-29 – To abandon a section of 7th St NE located between Church St NE and Parker St NE (Planning Commission: Approved 9-0) (p. 228-230). Q. Ordinance No: 2017-30 – To abandon a portion of 4th St NE located between Parker St NE and Trunk St NE (Planning Commission: Approved 9-0) (p. 231-232). R. Resolution No: 2017-40 – Authorizing the Mayor to sign an agreement with Bradley County and Lee University for a proposed land swap and improvements to the parking lot (p. 233-237). X. ANNOUNCEMENTS A. City Offices will be closed on Tuesday, July 4 in observance of Independence Day.