Cleveland City Council

p. 587 REGULAR SESSION AUGUST 14, 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, AUGUST 14, 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 and David May, Jr. Councilmen Richard Banks and Dale Hughes were absent from the meeting. 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; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Jeff Davis, Personnel Director, Kris Miller, IT Director; Brian Moran, Social Media Coordinator; Kim Spence, Safety and Wellness; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Hal Taylor; Martha Ledford; Doug Berry with the Chamber of Commerce; David Benton; Jean Clayton; Ronald Watson; Joe Johnson; Steve Weber; Robert Jenkins; Phil Griffin; Ted Lewis; Jim Blackburn; Clifford Plemons; Randy Moore; Charlotte Peak; Troy Spence; Derek Wooley; Kay and Dale Lambert; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Phil Griffith the following business was then entered into: Councilman Cassada moved to excuse Councilmen Richard Banks and Dale Hughes from the meeting. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. 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 July 24, 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 Charlotte Peak and Lake Mantooth, who are representing the Ocoee Regional Builders Association addressed the City Council concerning the noise ordinance pertaining to quite hours for building operations. They are asking that the hours be changed from 9:00 p.m. to 7:00 a.m. to 10:00 p.m. to 6:00 a.m. because of their concerns of heat exhaustion for framers, roofers and workers. By noon it is just too hot and not enough time to work. Secondly, when it gets too hot the roof shingles could get damaged so you have to break and go back later in the evening to finish a job. They would like to tie the hours to the daylight savings time so everyone will know what they are. Councilman May stated he didn’t have any concerns and asked Mr. Kimball to prepare an ordinance for the next meeting. Councilman Cassada stated he has concerns because it is not only about building, it includes lawn crews and tree services. In his neighborhood, he is not for it. People want to sleep in on the weekends and this affects the noise regulations for other businesses. Ms. Peak stated there is a different section for other noise regulations and they are only asking for building regulations. Councilman Cassada felt you do for one, you do for all. Ms. Peak stated she understands but this is a life-safety issue with the heat and is willing to limit it to Monday-Friday. Councilman Cassada stated he is still opposed, for consideration for residents and needs to stay like it is. Ms. Peak stated she understands his position. Mr. Kimball clarified hours they were requesting and stated he would draft an ordinance to present at the next meeting. p. 588 REGULAR SESSION AUGUST 14, 2017 PAGE -2- MINUTE BOOK 28 Cleveland Amateur Radio Club submitted a letter requesting the City transfer the title of the property leased at 560 Johnson Blvd to them in order for them to expand their building due to growth. Troy Spence spoke for the most part EMA is in agreement but would request the portion that the tower is placed on be given an easement or something to Bradley County. They will need access to the tower for possible repairs and maintenance. Mayor Rowland stated the Radio Club gives a great deal of service to the public. Mr. Spence stated yes, they are considered volunteers for EMA and provide a great service. We are not in disagreement with what they want to do, we just want to make sure the tower will always be there. Mr. Kimball stated their donor would like them to own the property but your Charter only allows you to give property to another governmental entity. They are going to check with their donor if they were willing to do a longer term lease than what you currently have. You could extend the lease and convey the strip to Bradley County for the tower or lease it to them. It seems there needs to be an access agreement between the two. Mr. Spence stated they just want to be able to retain and maintain the tower site. Steve Weber stated they would discuss with their donor and would possibly entertain a 99- year lease. Mr. Kimball stated that is an option and this is the time to separate the leases, or you could convey a portion to Bradley County. Mr. Spence stated his concern is to protect the property and the towers. Mr. Kimball reminded everyone they need to think about the improvements to the land and building and if the lease expires what would happen. He then suggested a lease to Bradley County and a lease to the Radio Club with extended terms and an agreement between the Radio Club and Bradley County for use of the property. Mr. Weber stated they would discuss with their donor about extending the lease. Mayor Rowland stated let’s have the Radio Club meet with their donor, look at the possibility of a long term lease and bring something back for the Council to review. Councilman Estes stated if we decide on a long term lease, he would like the language at the end of the lease be modified that the City will maintain control and keep the improvements. Mayor Rowland stated we will discuss again in two weeks. Mayor Rowland stated the State Form CT-0253 – Relating to the Spring Branch Industrial Park ($3,000,000) was in the packet and no action is necessary. Mayor Rowland stated today’s meeting is being held to hear public comments to hear public comments concerning a request to abandon a portion of unopened right-of-way described as Fernwood Dr NW located off of Robinhood Dr NW. Mayor Rowland asked if anyone would like to speak in favor of the approval of the abandonment. Mr. Clifford Plemons stated he is in support of the abandonment. The Planning Commission was presented a petition with over 50 signatures in support of the abandonment. They feel closing this would make their neighborhood safer. Councilman May stated the Planning Commission felt the same was and also approved the abandonment. Randy Moore stated he also is in support of the abandonment. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the abandonment. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held to hear public comments concerning a request to abandon a portion of unopened right-of-way described as Hays Dr NW located off of Robinhood Dr NW. Mayor Rowland asked if anyone would like to speak in favor of the approval of the abandonment. Randy Moore stated they are also in favor of this abandonment. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the abandonment. No one spoke. 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 a request by the property owner to rezone .43 acres, more or less, located at 4407/4405/4403 Ellis Circle, from R3 High Density Residential Zoning District to PUD16. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 589 REGULAR SESSION AUGUST 14, 2017 PAGE -3- MINUTE BOOK 28 CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Surplus Property Update – Accepting the bid for 0.22 acres located on Hill St SE. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: August 7, 2017 SUBJECT: Surplus Property - Update The City Council declared the Hill Street property surplus on June 21, 2017, and a sealed bid was received on August 1, 2017 from Frank Almazan. This is for the sale of property, approximately .22 acres located in the 300 block of Hill Street. Recommendation is to accept the bid of $5,500.00 from Mr. Almazan. The appraisal for the lot is $8,000. • Resolution No: 2017-52 – Authorizing the City of Cleveland to participate in the Pool’s Safety Partners Matching Grant Program. RESOLUTION NO: 2017-52 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE POOL’S “SAFETY PARTNERS” MATCHING GRANT PROGRAM. WHEREAS, the safety and well-being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, The Pool seeks to encourage the establishment of a safe workplace by offering a “Safety Partners” Matching Grant program; and WHEREAS, the City of Cleveland seeks to participate in this important program; BE IT THEREFORE RESOLVED by the City Council that the Mayor is hereby authorized to submit an application for a “Safety Partners” Matching Grant program through The Pool; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide a matching sum to serve as a match for any monies provided by this grant. Adopted this 14th day of August, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved to approve the Consent Agenda. The motion was seconded by Vice Mayor Johnson; and upon roll call, the motion to approve the consent agenda unanimously passed. p. 590 REGULAR SESSION AUGUST 14, 2017 PAGE -4- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland stated a letter has been received from the Chairman of the Airport Authority recommending Ben Chandler be appointed to the Authority at the end of Mr. Norwood’s term, which ends in September. Vice Mayor Johnson moved to accept the recommendation from the Airport Authority. The motion was seconded by Councilman May. Councilman Estes asked if the Airport Authority made this recommendation? Mayor Rowland stated we just got a letter from the Chairman. Vice Mayor Johnson stated he has spoken with some members of the Board and they do recommend it. This is a change, a new member on the Board, but they do recommend it. Again, he has spoken with a couple of people on the Board. Councilman Cassada asked if it could be delayed until next meeting. Vice Mayor Johnson stated he would withdraw his motion. Councilman Estes stated if the Airport Authority wants to step in and give some recommendation he would love to hear from them. Councilman May withdrew his second. Mayor Rowland stated we would bring it back at the next meeting. Councilman Estes stated he appreciated seeing extra patrol and crossing guards out last week in front of schools for safety. Secondly, on Friday and Saturday we have 850 new Freshman moving in to Lee University and about 4,000 coming back over the weekend, so the downtown area will be active. Also, closing of 11th Street for the Showcase day was very helpful. Councilman Cassada thanked the City Council for their contribution when his father in- law passed away. Second, he asked about 20th Street sidewalks timeframe. Mr. Jobe stated the consultant has resubmitted the drawings back to TDOT two weeks ago and now we are waiting on their approval. The next step is right-of-way, which we are hoping for in the next month and next July to begin construction. Third, on Park Avenue, he appreciates the signs and extra patrol to slow traffic. Also, on Ohio Avenue there is a speed sign that is covered with brush and also at Georgetown and Ohio Avenue there is a sign that is covered completely. Lastly, Candies Lane Greenway. He appreciates signs that have been placed but asked if they could get extra patrol in the area since motorized vehicles are still riding on the path. Councilman May asked about the status on the Joe V. Williams properties. Mr. Jobe stated he has until the next court date, which is in September and he is still being fined $50 per day for each property. Mr. Fivas stated there has been numerous internal conversations on what the City’s next steps could be if there is not a resolution. We are working on a plan. Vice Mayor Johnson thanked Mr. Fivas for the handout on the proposed tax increase and appreciates the additional information. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2017-42 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and p. 591 REGULAR SESSION AUGUST 14, 2017 PAGE -5- MINUTE BOOK 28 WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Beginning at the northern corner of the lands of Morgan Malonna, as recorded in the BCROD deed book 2043 page 882; thence with the northwest line of the aforementioned property S 62° 15’ 39” W a distance of 118.22 feet, more or less, to the northwest corner of the aforementioned property; thence N 28° 26’ 48” W a distance of 49.81 feet, more or less, to the perpendicular intersection with the southern line of the lands of Leslie M May, as recorded in the BCROD deed book 1124 page 403; thence with the southern line of the lands of Leslie M May N 61° 33’ 11” E a distance of 67.08 feet, more or less; thence with the eastern line of the lands of Leslie M May along an arc of a curve to the northwest having a radius of 33.7 feet, more or less, which arc is subtended by a chord bearing and distance of N 5° 31’ 9” E 49.38 feet, more or less; thence following the right-of-way line of Robin Hood Drive S 43° 49’ 21” E a distance of 95.68 feet, more or less, to the point of beginning. 2. RETENTION OF EASEMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 592 REGULAR SESSION AUGUST 14, 2017 PAGE -6- MINUTE BOOK 28 Exhibit A Vice Mayor Johnson moved that Ordinance No: 2017-42 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Mr. Fivas stated this is only closing a portion of the right-of-way and at a later date we will bring back the back portion of the right-of-way after the Church votes on the request. The following Ordinance was then presented in full: ORDINANCE NO: 2017-43 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right- of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Beginning at the southwest corner of the lands of Joe Flores, as recorded in the BCROD deed book 1807 page 293; thence with the northern line of the lands of First Cumberland Presbyterian Church as recorded in the BCROD deed book 2349 page 901 N 66° 30’ 20” W a distance of 54.79 feet, more or less, to the southeast corner of the lands of Clifford Pless Plemons as recorded in the BCROD deed book 182 page 19; thence with the southeast line of the lands of p. 593 REGULAR SESSION AUGUST 14, 2017 PAGE -7- MINUTE BOOK 28 Clifford Pless Plemons N 24° 16’ 25” E a distance of 105.18 feet, more or less; thence along an arc of a curve to the northwest having a radius of 21.22 feet, more or less, which arc is subtended by a chord bearing and distance of N 27° 39’ 40” W 29.61 feet, more or less; thence following the right-of-way line of Robin Hood Drive S 68° 30’ 55” E a distance of 97.53 feet, more or less; thence with the northwest line of the lands of Joe Flores along an arc of a curve to the southwest having a radius of 20.59 feet, more or less, which arc is subtended by a chord bearing and distance of S 69° 37’ 32” W 27.47 feet, more or less; thence following the eastern line of the lands of Joe Flores S 24° 9’ 2” W a distance of 108.15 feet, more or less, to the point of beginning. 2. RETENTION OF EASEMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Councilman May moved that Ordinance No: 2017-43 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2017-44 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 R3 High Density Residential Zoning District to PUD16 Planned Unit Development. p. 594 REGULAR SESSION AUGUST 14, 2017 PAGE -8- MINUTE BOOK 28 Approximately .43 acres, more or less, located at 4403,4405 and 4407 Ellis Circle as shown on the attached map. For reference, see Book 354 Page 674 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 34H Group M Parcel 18.00, 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Vice Mayor Johnson moved that Zoning Ordinance No: 2017-44 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Martha Ledford addressed the City Council concerning Tinsley Park and how she would like to see a short sidewalk between the trail and the restrooms. Mayor Rowland stated they will look into it. She also asked that sidewalks be install along South Lee Highway. It’s an ugly sight. Councilman McKenzie stated he has tried to get sidewalks in the area and will continue trying. Mr. Fivas announced that we received notification that the Gaut Street sidewalks has been funded. Mayor Rowland included four houses are also getting rehabbed in Councilman Estes’ district. There being no future business the meeting was adjourned at 3:58 p.m. _________________________________ ______________________________ Mayor City Clerk