Cleveland City Council

p. 85 REGULAR SESSION APRIL 9, 2018 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, APRIL 9, 2018 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; 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; Fire Chief Ron Harrison; Jeff Davis, Personnel Director; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Safety and Wellness; Bethany McCoy with Lee University; City Reporter Randall Higgins; Brian Moran, Social Media; Ken Webb; Duane Schriver; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Jim Gibson; Vera Voznyuk; Paul and Janice Matthews; Bryan Richardson; Earlene Shrable; Deborah Page; Rod Dunn; Kendra Gray; Sara Groos; Dean Helsdon; Carl Landsen; Steve Bullins; Chris and Paula Knipp; Kelvin Page; Bill Thompson; Laura Allen; Steve Allen; Joe Sharp. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Rodney Dunn, 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 March 26, 2018 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 by the adjoining property owners to abandon a section of 7th Street SE located between Cincinnati Ave SE and Wildwood Ave SE. Mayor Rowland then asked if anyone would like to speak in favor of the approval of the abandonment. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of 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 as a public hearing to hear public comments concerning a request by the property owners to rezone 1.5 acres located on Candies Ln (Tax Map 041G Group A Parcels 16.00, 17.00, 18.00 & 19.00) from R2 Low Density Single Family and Multi-Family Residential Zoning District to CG General Commercial Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. Attorney Travis Henry stated several residents from the community are here today in support of this request. There are four parcels, one is owned by the Church, one by Pastor Page himself, and the other two are in the Page Trust. The Planning Commission voted unanimously in support of the rezoning. The Church is currently using the property as offices and intend on continued use for that same purpose. There are restrictions that were recorded for the property that it would not be used beyond office space for the church. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. Joe Sharp, who lives at 3430 Candies Lane, stated he had many questions concerning this request. One, how could four pieces of property be considered as one. Secondly, he feels these are premature actions. Third, he doesn’t understand why they need these four parcels when they have 156 acres on the other side of the road. If they do sell the property, under the CG zoning it could be many things besides office space. He then listed types of businesses allowed. He then asked what assurance we have that the property will not be sold in the future. Councilman Cassada commented if all the adjoining property owners are p. 86 REGULAR SESSION MARCH 26, 2018 PAGE -86- MINUTE BOOK 29 in agreement, it can be counted as one rezoning request. Mr. Kimball stated yes. Mr. Travis stated there are restrictions that run with the land. If they sell, the restrictions will remain and it will take all adjoining property owners agreeing for the restrictions to be waived. Councilman Cassada stated Westmore Church wants to enhance the property, be involved and do what is best for the community. Mr. Sharp asked if there was a plan for the traffic in the area. Mr. Fivas stated there are two intersections that will be reworked in the area, Candies Lane and Legacy Parkway turning lane, which should be completed before the sanctuary is open next spring and also Candies Lane at Inverness Drive. Vice Mayor Johnson inquired about the possibility of a three-way stop at Inverness Drive/Candies Lane or something to help the traffic and speeding. Mr. Fivas replied we’ve done some analyst and a three-way stop would not be warranted due to site distance, it would actually make to more dangerous. But when the lowering of the roadway project is complete it will help improve the safety and blind spots. Vice Mayor Johnson stated speeding could still be an issue and might have to increase patrol. Paul Mathews, who lives at 2825 Rolling Hills Drive asked when his street would be paved. Councilman Cassada stated that neighborhood will be paved this summer. Mr. Mathews continued when construction on Hwy 60 begins more people will use Candies Lane and Rolling Hills Drive, therefore traffic and speeding will increase, as it will become a shortcut to Freewill Road. He is requesting speed bumps. Cleveland State and Lee College have them so why can’t they. As soon as the dip is fixed on Candies Lane it will increase speeding. He continued that he hopes the Church will do what is right for the neighborhood. He then asked again about speed bumps. Mayor Rowland stated speed bumps in neighborhoods are hard on firetrucks. Mr. Mathews stated his son is a firefighter in Chattanooga, they have speed bumps all over town and it doesn’t slow the trucks down. Councilman Cassada stated staff will further discuss speed humps in Cleveland. 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 0.37 acres located at 3910 North Ocoee St (Tax Map 042G Group D Parcel 27.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved, subject to legal opinion providing the zoning is not contrary to the restrictive covenant. Vote: 6-3). Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. Brian Richardson spoke for Andrew Morgan updated the Council that all but 3 waivers have been obtained from the residents and those will be signed by tomorrow. Mayor Rowland stated the Ordinance had been delayed until the next meeting. Mr. Richardson stated that would be fine. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. Mayor Rowland then declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Surplus Property – Declaring a 2008 Ford Escape for Development & Engineering to be surplus and sold on GovDeals. • Resolution No: 2018-30 – Authorizing the Mayor to sign agreements in connection with the property leased for a cellular tower at the Weeks Road Water Storage Tank Site (Cleveland Utilities). RESOLUTION NO. 2018-30 WHEREAS, New Cingular Wireless PCS, LLC has been in discussion with Cleveland Utilities representatives concerning the attached agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement in connection with a request to extend the term and expand the area of property leased for a cellular tower and related appurtenances on the Weeks Road Water Storage Tank Site; and p. 87 REGULAR SESSION MARCH 26, 2018 PAGE -87- MINUTE BOOK 29 WHEREAS, this is a second amendment to the original lease Agreement dated August 26, 1997 and the first amendment dated June 5, 2008; and WHEREAS, the second amendment will extend the lease agreement in five year increments to October 14, 2047 and increase the area leased by 1,676 square feet. The second amendment also increases the payment to Cleveland Utilities to $1,000 per month until October, 2022 then increases $100 per month every five year increments; and WHEREAS, the Board of Public Utilities of the City of Cleveland, Tennessee, acting under the name of Cleveland Utilities, authorized Tim O. Henderson, President and CEO to execute the agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement at their regular Board meeting on March 23, 2018; and WHEREAS, the City Council desires to approve this agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement; and WHEREAS, the City Council further desires to authorize the Mayor to execute agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement and memorandum of second amendment to option and lease and second amendment to option and lease agreement on behalf of the City. This 9th day of April, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved to approve the Consent Agenda. The motion was seconded by Councilman Cassada; and upon roll call, the motion to approve the consent agenda was unanimously passed. UNFINISHED BUSINESS Councilman May moved that Zoning Ordinance No: 2018-10 – heretofore passed on first reading March 26, 2018 and found in Minute Book 29, Page 70; rezoning approximately 1.22 acres (Tax Map 049E Group G Parcels 16.00 & 16.01) located on Church St NE and 20th St NE from R1 Single Family Residential Zoning District to R3 Multi-Family Residential Zoning District be voted for passage on final reading. The motion was seconded by Councilman Hughes. Upon roll call, Councilmen May, Hughes, Banks, McKenzie, Cassada and Vice Mayor Johnson voted aye. Councilman Estes voted no. The motion passed 6:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes introduced Charlie Smith. Mr. Smith addressed the City Council concerning naming the tennis courts at Tinsley Park after Tony Cavitt, who is a long-time tennis pro here in Cleveland. Mr. Cavitt is a life-long resident of Cleveland and dedicated his life and p. 88 REGULAR SESSION MARCH 26, 2018 PAGE -88- MINUTE BOOK 29 career to tennis. Mr. Cavitt taught hundreds of people the sport of tennis during his long career, with many Regional National Championships. Mayor Rowland and Patti Petti are recommending naming the facility at Tinsley Park the Tony Cavitt Tennis Center. Councilman Hughes moved to name the new tennis facility at Tinsley Park the Tony Cavitt Tennis Center. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman Banks stated we have the issue of the nonconforming use of the metal salvage business on South Lee Highway and after speaking with Attorney Travis Henry, Councilman Banks moved that we allow Mr. Henry to draft an appropriate agreement with the owner of the facility, which will give him six months from today to remove his business so that property is in compliance and there be certain provisions in that agreement, that he will hopefully sign, which would waive he would have again the city or past conduct that would he would agree to the six month time to move and a monetary provision in the agreement that if he doesn’t move he will pay the penalty and anything else Mr. Henry would be appropriate in the agreement. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Vice Mayor Johnson thanked Mr. Fivas and staff on the budget presentations today. We sit and discuss many issues and he is happy to see all his projects and requests in the budget. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2018-11 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: 7th St SE located between Cincinnati Ave SE and Wildwood Ave SE. p. 89 REGULAR SESSION MARCH 26, 2018 PAGE -89- MINUTE BOOK 29 2. RETENTION OF EASMENTS: 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 Exhibit B Councilman May moved that Ordinance No: 2018-11 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 90 REGULAR SESSION MARCH 26, 2018 PAGE -90- MINUTE BOOK 29 The following Zoning Ordinance was then presented in full: Zoning Ordinance No. 2018-12 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 R2 Single and Multi- Family Residential District to CG General Commercial Zoning District Approximately 1.5 acres, more or less, located from 2232 through 2250 Candies Ln NW as shown on the attached map and identified as Tax Map 41G Group A Parcels 16.00, 17.00, 18.00 & 19.00, being the same property described as lots 134, 135, 136 and 137 of Rolling Hills Subdivision, section III on the plat of record in Plat Book 4, page 80 in the Bradley County Registers Office. 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 Councilman Hughes moved that Zoning Ordinance No: 2018-12 be voted for passage on first reading. The motion was seconded by Councilman Cassada. Councilman Banks asked for a copy of the restricted covenants be enter into the minutes. Upon roll call, the motion was unanimously passed. p. 91 REGULAR SESSION MARCH 26, 2018 PAGE -91- MINUTE BOOK 29 p. 92 REGULAR SESSION MARCH 26, 2018 PAGE -92- MINUTE BOOK 29 Mayor Rowland stated first reading of Zoning Ordinance No: 2018-13 has been delayed until the April 23, 2018 meeting. The following Resolution was then presented in full: RESOLUTION NO. 2018-31 WHEREAS, Animal Shelter Advisory Board is recommending to the City Council that it approve a new rescue agreement with Westwood Farms Foundation; WHEREAS, the proposed rescue agreement is attached to this Resolution. p. 93 REGULAR SESSION MARCH 26, 2018 PAGE -93- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached rescue agreement with Westwood Farms Foundation. BE IT FURTHER RESOLVED that the Mayor is authorized to execute this rescue agreement with this rescue group on behalf of the City. [on file in the City Clerk’s Office] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2018-31 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman May moved that the street light recommendation for 3008 Pine Drive for the installation of one 51-watt LED street light fixture on an existing pole be approved. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. There being no future business the meeting was adjourned at 3:53 p.m. _________________________________ ______________________________ Mayor City Clerk