Cleveland City Council

p. 189 REGULAR SESSION AUGUST 13, 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, AUGUST 13, 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, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Interim Human Resource Director; Bethany McCoy with Lee University; Brian Moran, Social Media; Ken Webb; Tad Bacon with Cleveland Utilities; Gary Farlow with the Chamber of Commerce; Sharon Marr with Mainstreet Cleveland and Martha Ledford. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Colby Goins with Waterville Baptist Church, 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 July 23, 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 we are swearing-in four Police Officers to the Cleveland Police Department. He stated officers sometimes can be the first line of greeting someone in our community and you never get a second chance at a first impression. He reminded each officer that he, as well as the City Council and department managers support the police officers and wished them well and safety. Mayor Rowland then administered the Oath of Office to Police Officers Dominique Craigmiles, Tyler Payne and Aaron Woody. Judge Barrett Painter administered the Oath of Office to his son, Police Officer Sam Painter. Chief Gibson also introduced each officer and gave a brief background of their qualifications and welcomed them to the department. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request from Cleveland Rite Aid, LLC to rezone 1.27 acres located at 1805 Dalton Pike SE from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway 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. 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 adjoining property owners to abandon an unopened section of Jones Ave SW located between Huff Ave SW and Parker St SW. Mayor Rowland asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition to the abandonment. No one spoke. Mayor Rowland then declared the public hearing to be closed. p. 190 REGULAR SESSION AUGUST 13, 2018 PAGE -190- MINUTE BOOK 29 CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Resolution No: 2018-71 - Authorizing the City of Cleveland to participate in the Pool’s Safety Partners Matching Grant Program. RESOLUTION NO: 2018-71 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 13th day of August, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-72 - Authorizing the Mayor to sign a grant application for the 2018 Edward Byrne Grant to be used for in-car camera systems. RESOLUTION NO: 2018-72 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR FY2018 THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY2018 Edward Byrne Memorial Justice Assistance Grant in the amount of $38,036 through the United States Department of Justice, Bureau of Justice Assistance, to be used for in-car camera systems; and p. 191 REGULAR SESSION AUGUST 13, 2018 PAGE -191- MINUTE BOOK 29 WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application and the grant if approved. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is authorized to apply for this grant, and the Mayor is hereby authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents or take any other action on behalf of the City that may be necessary or appropriate for the City to accept the grant. This 13th day of August, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Reappointment – Cleveland Utilities Board – Joe Cate for an additional 4-year term to expire July 2022. • Reappointment – Beer Board – Mark Smith for an additional 2-year term to expire July 2020. • Reappointment – Beer Board – Joe Kirkpatrick for an additional 2-year term to expire July 2020. • Reappointment – Beer Board – Gerald Lillard for an additional 2-year term to expire July 2020. • Reappointment – Historic Commission – Sarah Coleman for an additional 4-year term to expire June 2022. • Reappointment – Historic Commission – Phyllis Callaway for an additional 4-year term to expire June 2022. • Reappointment – Health Education Facilities and Industrial Bond Board – Bryce Kirksey for an additional 6-year term to expire July 2024. • Reappointment – Health Education Facilities and Industrial Bond Board – David Fair for an additional 6-year term to expire July 2024. • Appointment – Health Education Facilities and Industrial Bond Board – Mike Griffin to replace Bob Card for an unexpired term to expire July 2020. • Appointment – Greenway Board – Dr. Pat Stone for an additional 2-year term to expire August 2020. • Reappointment – Greenway Board – Annie Robbins for an additional 2-year term to expire August 2020. • Appointment – Cleveland Utility Board – Councilman David May to succeed Mayor Tom Rowland when his term as Mayor concludes. 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 was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes moved that 8th Street at Parker Street NW and 11th Street at Parker Street NW intersections become four-way or all-way stops. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 192 REGULAR SESSION AUGUST 13, 2018 PAGE -192- MINUTE BOOK 29 Councilman Banks suggested that the South Lee Highway area be dressed up a bit and possibly during the fall some crepe myrtles be planted from Inman Street to the bypass, as well as some at Exit 20. Martha Ledford addressed the Council concerning the possibility of sidewalks along South Lee Highway from Inman to Victory Drive. Once the residents of the Summit move to the new location they will need to have the availability to walk. Councilman Banks agreed and feels the area needs improving and would be willing to make a donation to help with the planting. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2018-25 – Rezoning 1.27 acres located at 1805 Dalton Pike SE from R2 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Planning Commission: Approved 8-0; 1 member absent). ZONING ORDINANCE NO: 2018-25 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 Low Density Single and Multi-Family Residential Zoning District to CH Commercial Highway Zoning District Approximately 1.27 acres, more or less, located at 1805 Dalton Pike as shown on the attached map and identified as Tax Map 57M Group B Parcel 23.00 and being all of tracts A and B shown in Exhibit B, being the same property described in a Warranty as recorded in Bradley County Registers Deed Book 378 pages 986. 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 A p. 193 REGULAR SESSION AUGUST 13, 2018 PAGE -193- MINUTE BOOK 29 Exhibit B Councilman May moved that Zoning Ordinance No: 2018-25 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: • Ordinance No: 2018-26 – Abandoning an unopened section of Jones Ave SW located between Huff Ave SW and Parker St SW (Planning Commission: Approved 8-0; 1 member absent). ORDINANCE NO: 2018-26 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 p. 194 REGULAR SESSION AUGUST 13, 2018 PAGE -194- MINUTE BOOK 29 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: Unopened portion of Jones Ave located between Huff Ave SW and Parker Ave SW 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 and after the time that any parcel which does not currently have road frontage is re-platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Vice Mayor Johnson moved that Ordinance No: 2018-26 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 195 REGULAR SESSION AUGUST 13, 2018 PAGE -195- MINUTE BOOK 29 Councilman Cassada moved that city staff approach the owners of the Town Centre on Paul Huff parkway concerning traffic safety options at Ben Moore Drive, particularly a right-in right-out type of entrance. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Mayor Rowland announced he was reappointing Matt Coleman, Milan Blake, Dennis Epperson and Tim Henderson to the Shade Tree Board all for a term to expire August 2020. There being no future business the meeting was adjourned at 3:25. _________________________________ ______________________________ Mayor City Clerk