Cleveland City Council

p. 560 REGULAR SESSION AUGUST 12, 2019 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 12, 2019 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson; Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Kim Spence, Human Resource Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Doug Berry with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Joyce Stapek; Candy Tapper; Melissa Woody; Pat Fuller; Thomas Herbert; Cathy Keith; Dawn Robinson, City School Board Chairman; Hal Taylor; Attorney Jim Bilbo; Enrique DeJesus; Odaris DeJesus; Erwin Lowe; Deborah Huffstetter; Gina Simpson; Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Chaplain Scott Elam, with ATS The Bridge, 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 22, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mr. Scott Elam with ATS The Bridge thanked the City Council for their support and wanted to shed light on the drug overdose issue in our community. In 2018, the Country had 68,000 overdose deaths. In 2017 the number was 72,000, however, our State went up 4.1%. The issue is getting bigger and asks for the City’s support and attack this head-on because it is in our community. They want to raise awareness of the opioid epidemic, guide people to seek treatment and encouraging them to sustain once clean. Councilman Hughes stated he saw the presentation on the program in Charleston and was really moved. They have done so much work and research and it does need to get before the schools, churches and kids in the community. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .41 acres, more or less, located at 600 25th Street NW (Tax map 41M Group B Parcel 004.01) from R2 Low Density Single and Multi-Family Zoning District to PI Professional Institutional Zoning District. Corey Divel stated there were questions concerning deed restrictions, which were unclear but ultimately, after lengthy discussion, it was approved at the Planning Commission, subject to staff comments 5:2 with 2 members absent. He will defer to Mr. Bilbo on the deed restriction comments for the public hearing. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. Attorney Jim Bilbo, Jr., who represents Max Morris for the adjacent property for rezoning, who only wanted to be rezoned if the adjacent property was rezoned PI. It is unclear if the deed restrictions apply to these three properties. In conducting title searches for the two parcels mention deed restriction but not the third but if you look at the plat, these properties are not there. It is his opinion that they should not be subject to the restrictions and doesn’t feel it will conflict with subdivision regulations to rezone the three parcels to PI. Enrique De’Jesus, with the International Offices of the Church of God stated they purchased the property for a space for administrative processes and for secretarial tasks. He thanked the City Council for taking into consideration of the PI rezoning so they can use this property due to growth of their offices. Councilman May asked if offices were already located on the property. Mr. Divel stated no, they p. 561 REGULAR SESSION AUGUST 12, 2019 PAGE -561- MINUTE BOOK 29 have all been residential houses to his knowledge. Councilman Cassada stated the property facing 25th Street was approved but the property facing Harris Circle were denied by Planning Commission, correct? Mr. Divel stated yes. Councilman Cassada asked can they supersede the deed. Mr. Kimball stated you can’t. What Mr. Bilbo is stating his researched has shown the restrictions refer to a plat, which only show lots on the eastside of Harris Circle. It doesn’t show these three lots and the subdivision restrictions do not apply to these three lots. The confusing part is in the church’s deed the restrictions are referenced several times. The middle property, it is only referenced once five deeds back. The third parcel, they are never mentioned. He concluded they are not deed restrictive because of the plat is only for the eastside of Harris Circle. The Planning Commission was in favor of recommending the parcel facing 25th Street without regard whether it is or isn’t deed restricted because they know that is the property owner’s problem. The Planning Commission denied the other two because they faced Harris Circle. That was the difference. Councilman Cassada asked about future rezoning request and deed restrictions. Mr. Kimball replied you’ve always had a policy not to rezone properties where it is clear there are deed restrictions. In this case, you are changing the zoning. You are not changing any private restrictions that may exist. The property owners are taking some risk that the property is privately restricted for residential uses only. Councilman Webb asked how far the PI zoning goes north. Mr. Divel stated it is pretty far, almost near the end of the subdivision. Councilman Webb then stated if the two parcels are rezoned and they try to sell the property as residential, would that be a concern. Mr. Divel stated no, if homes are established before 2008 they are permitted in the PI zone. Councilman Estes asked if further discussion should take place during this public hearing or during voting of the ordinance. Mr. Kimball stated yes you should close the public hearing. Councilman Hughes stated he feels it should be all three rezoned or none. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .71 acres, more or less, located at 2503 & 2505 Harris Circle NW (Tax Map 041M Group B Parcel 004.02 & 4.03) from R2 Low Density Single and Multi- Family Zoning District to PI Professional Institutional Zoning District. Mr. Divel stated he had no further comments to add. The Planning Commission denied the request 5:2 with 2 members absent. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. Attorney Jim Bilbo, Jr. stated he had no further comments to add except he agrees it should be all three parcels rezoned or none and they did find several discrepancies when researching these properties. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning an ordinance to amend the allowable uses within PUD11 located on Georgetown Road and Villa Drive NW (Planning Commission: Denied 7:0; 2 members absent) (Item has been withdrawn by applicant). Mayor Brooks stated he item has been withdrawn by the applicant. Due to advertisement we will still hold the public hearing, but no action will take place. He then asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks then asked if anyone would like to speak in opposition to the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks announced he would like to appointment Blake Allison to the Planning Commission to fill the unexpired term of former member Bill Hamilton. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2019-36 – heretofore passed on first reading July 22, 2019 and found in Minute Book 29, Page 556; zoning of about 7.42 acres located at 1396 Lewis St NE from the unincorporated county to MU Mixed Use Zoning District (Planning Commission: Approved 8-0; 1 member not sworn in). • Reappointment – Utility Board – Debbie Melton for an additional four-year term to expire August, 2023. p. 562 REGULAR SESSION AUGUST 12, 2019 PAGE -562- MINUTE BOOK 29 • Resolution No: 2019-73 – Authorizing the Mayor to sign an agreement with the State of Tennessee to participate in the State of Tennessee Deferred Compensation Plan II (401K). p. 563 REGULAR SESSION AUGUST 12, 2019 PAGE -563- MINUTE BOOK 29 p. 564 REGULAR SESSION AUGUST 12, 2019 PAGE -564- MINUTE BOOK 29 p. 565 REGULAR SESSION AUGUST 12, 2019 PAGE -565- MINUTE BOOK 29 p. 566 REGULAR SESSION AUGUST 12, 2019 PAGE -566- MINUTE BOOK 29 p. 567 REGULAR SESSION AUGUST 12, 2019 PAGE -567- MINUTE BOOK 29 p. 568 REGULAR SESSION AUGUST 12, 2019 PAGE -568- MINUTE BOOK 29 p. 569 REGULAR SESSION AUGUST 12, 2019 PAGE -569- MINUTE BOOK 29 p. 570 REGULAR SESSION AUGUST 12, 2019 PAGE -570- MINUTE BOOK 29 p. 571 REGULAR SESSION AUGUST 12, 2019 PAGE -571- MINUTE BOOK 29 p. 572 REGULAR SESSION AUGUST 12, 2019 PAGE -572- MINUTE BOOK 29 p. 573 REGULAR SESSION AUGUST 12, 2019 PAGE -573- MINUTE BOOK 29 p. 574 REGULAR SESSION AUGUST 12, 2019 PAGE -574- MINUTE BOOK 29 p. 575 REGULAR SESSION AUGUST 12, 2019 PAGE -575- MINUTE BOOK 29 p. 576 REGULAR SESSION AUGUST 12, 2019 PAGE -576- MINUTE BOOK 29 p. 577 REGULAR SESSION AUGUST 12, 2019 PAGE -577- MINUTE BOOK 29 p. 578 REGULAR SESSION AUGUST 12, 2019 PAGE -578- MINUTE BOOK 29 p. 579 REGULAR SESSION AUGUST 12, 2019 PAGE -579- MINUTE BOOK 29 p. 580 REGULAR SESSION AUGUST 12, 2019 PAGE -580- MINUTE BOOK 29 p. 581 REGULAR SESSION AUGUST 12, 2019 PAGE -581- MINUTE BOOK 29 p. 582 REGULAR SESSION AUGUST 12, 2019 PAGE -582- MINUTE BOOK 29 p. 583 REGULAR SESSION AUGUST 12, 2019 PAGE -583- MINUTE BOOK 29 p. 584 REGULAR SESSION AUGUST 12, 2019 PAGE -584- MINUTE BOOK 29 • Resolution No: 2019-74 - Authorizing the Mayor to sign an agreement with the State of Tennessee to participate in the State of Tennessee Deferred Compensation Plan and Trust (457b). p. 585 REGULAR SESSION AUGUST 12, 2019 PAGE -585- MINUTE BOOK 29 p. 586 REGULAR SESSION AUGUST 12, 2019 PAGE -586- MINUTE BOOK 29 p. 587 REGULAR SESSION AUGUST 12, 2019 PAGE -587- MINUTE BOOK 29 p. 588 REGULAR SESSION AUGUST 12, 2019 PAGE -588- MINUTE BOOK 29 p. 589 REGULAR SESSION AUGUST 12, 2019 PAGE -589- MINUTE BOOK 29 p. 590 REGULAR SESSION AUGUST 12, 2019 PAGE -590- MINUTE BOOK 29 p. 591 REGULAR SESSION AUGUST 12, 2019 PAGE -591- MINUTE BOOK 29 p. 592 REGULAR SESSION AUGUST 12, 2019 PAGE -592- MINUTE BOOK 29 p. 593 REGULAR SESSION AUGUST 12, 2019 PAGE -593- MINUTE BOOK 29 p. 594 REGULAR SESSION AUGUST 12, 2019 PAGE -594- MINUTE BOOK 29 p. 595 REGULAR SESSION AUGUST 12, 2019 PAGE -595- MINUTE BOOK 29 p. 596 REGULAR SESSION AUGUST 12, 2019 PAGE -596- MINUTE BOOK 29 p. 597 REGULAR SESSION AUGUST 12, 2019 PAGE -597- MINUTE BOOK 29 p. 598 REGULAR SESSION AUGUST 12, 2019 PAGE -598- MINUTE BOOK 29 p. 599 REGULAR SESSION AUGUST 12, 2019 PAGE -599- MINUTE BOOK 29 • Resolution No: 2019-75 – Approving a signage plan for Lee University’s Campus Ride System. RESOLUTION NO: 2019-75 WHEREAS, Section 5.4 of the City’s Sign Regulations provides: 5.4. Bench Signs, Bus Shelter Signs, and Street Furniture Signs. Bench signs, bus shelter signs, and street furniture signs are prohibited in public rights-of-way and within public parks and greenways, except as part of a signage plan or streetscape plan or transit stop plan approved by the City Council, including any lawful revenues to the City of Cleveland and/or its transit operator through the lease of advertising space in such venues or lawful public/private ventures to provide such benches, bus shelters, or other street furniture; and p. 600 REGULAR SESSION AUGUST 12, 2019 PAGE -600- MINUTE BOOK 29 WHEREAS, Lee University has provided the City’s Development and Engineering Staff with the attached proposed signage plan for Lee University’s Campus Ride System, which plan includes a design of the proposed signage, the dimensions of the proposed signs, and the proposed locations of the signage; and WHEREAS, the City Council has reviewed the proposed signage plan and it desires to approve of the same and to authorize Lee University to install the signs depicted in the attached signage plan at the locations listed in the signage plan. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council hereby approves of the attached signage plan for Lee University’s Campus Ride System and the City Council hereby authorizes Lee University to install the signs depicted in the attached signage plan at the locations listed in the signage plan. This 12th day of August 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-76 – Proceeding with Alfred Benesch & Company for CEI services for the 25th Street Corridor Area Sidewalks and Multi-Modal Improvements project under the TDOT Transportation Alternatives Grant. RESOLUTION NO: 2019-76 RESOLUTION TO PROCEED WITH THE 25th STREET CORRIDOR AREA SIDEWALKS AND MULTI-MODAL IMPROVEMENTS PROJECT UNDER THE TRANSPORTATION ALTERNATIVES (TA) GRANT AWARDED BY THE TENNESSEE DEPARTMENT OF TRANSPORTATION (TDOT), UTILIZING CERTAIN PROJECT-RELATED SERVICES THROUGH A FIRM SELECTED IN COOPERATION WITH TDOT WHEREAS, the City of Cleveland applied for and was awarded a Transportation Alternatives (TA) grant from the Tennessee Department of Transportation (TDOT) for a project described as the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project”; and WHEREAS, the City of Cleveland desires to utilize certain project design, right-of-way, and construction-related services through an engineering firm employed by TDOT, time being of the essence in completing the project under terms of the grant contract executed between TDOT and the City, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The City desires to proceed with the project under the TDOT contract with Alfred Benesch & Company, which has estimated charges for survey, environmental (NEPA), design, right-of-way (ROW) acquisition, and construction engineering inspection (CEI) at $508,599.27 based upon the scope of work submitted in the TA grant application. Approved this 12th day of August, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 601 REGULAR SESSION AUGUST 12, 2019 PAGE -601- MINUTE BOOK 29 • Resolution No: 2019-77 – Authorizing the Mayor to sign an agreement with CDM Smith for CEI services for Norman Chapel Road project. RESOLUTION NO: 2019-77 WHEREAS, the City development and engineering department has determined that it is necessary to obtain professional construction engineering inspection (CEI) services in connection with the City's Norman Chapel Sidewalk Project (hereafter "the Project"); and WHEREAS, in connection with said project, the City's development and engineering department is recommending that the City enter into the attached professional engineering services agreement with CDM Smith, Inc. for these services; and WHEREAS, the City Council now desires to accept the proposed agreement with CDM Smith, Inc. for the referenced project, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. 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 with CDM Smith, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-78 - Authorizing the Mayor to sign a grant application for the 2019 Edward Byrne Grant to be used for in-car camera systems. RESOLUTION NO: 2019-78 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR FY2019 THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY2019 Edward Byrne Memorial Justice Assistance Grant in the amount of $37,354 through the United States Department of Justice, Bureau of Justice Assistance, to be used for in-car camera systems; and 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 12th day of August, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 602 REGULAR SESSION AUGUST 12, 2019 PAGE -602- MINUTE BOOK 29 • Change Order – Blythe Bower Athletic Field Irrigation & Sod Project. p. 603 REGULAR SESSION AUGUST 12, 2019 PAGE -603- MINUTE BOOK 29 • Surplus Property – Declaring six bicycles from the Cleveland Police Department as surplus and traded for credit towards repairs at Scott’s Bicycle Shop. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: August 12, 2019 RE: Surplus Property SUMMARY: The Cleveland Police Department has requested the City Council declare six bicycles (serial #’s 1260906, 1260934, 1417450, 1418117, 1617032, 1617034) as surplus property. They will be traded to Scott’s Bicycle Shop for store credit of $25.00 each. The credit will be applied toward repairs of two bicycles the department is keeping. p. 604 REGULAR SESSION AUGUST 12, 2019 PAGE -604- MINUTE BOOK 29 COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No fiscal impact. RECOMMENDATION: City staff recommends approval of this item. • H-GAC Buy Agreement The motion to approve the consent agenda was seconded by Councilman Webb. Councilman Estes stated he has an indirect conflict of interest with the Lee University, which does not affect his vote. Councilman Webb then thanked staff with the City and Cleveland Utilities for working on the beneficial retirement plan for the employees. Upon roll call, the motion was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb asked for a status update on the Georgetown/25th Street construction project. Mr. Jobe stated we are making progress. The gas company has finished their part and now we are waiting on Cleveland Utilities to move a waterline. Vice Mayor Johnson asked if there were plans to improve the intersection at North Ocoee Street/25th Street. Mr. Fivas stated we have reached an agreement with TDOT to do a partnership for a temporary fix, which would add another right-hand lane and a left-hand turn lane. Councilman May had requested us to approach TDOT with doing something there and we hope it will be completed this fall. We are in continued discussion with them on what the overall plan is for that intersection, which could be widening all lanes. This smaller modification will improve it, which can buy 2-3 more years for a better flow through there while a bigger solution is developed. p. 605 REGULAR SESSION AUGUST 12, 2019 PAGE -605- MINUTE BOOK 29 Councilman Estes reminded everyone that 4,000 people will be coming into town this weekend for Lee University; so just a heads up. Councilman Cassada stated parking is going to be tough for Lee this year. Councilman Estes replied they are being proactive. Councilman Cassada stated he received a call concerning safety the intersection at Georgetown/17th Street. A pedestrian was crossing Georgetown on their way to church and almost hit by a car. He then asked if staff could look at ways to improve the area, possibly cutting the hill out to alleviate the blind spot. Mr. Fivas stated staff will look at the area. Councilman Cassada continued by stating the governing body has an influence on growth patterns in how we set the infrastructure, like Paul Huff. The influx on the northside of town has been so compressed and feels the downtown project is something that will relieve the pressure off the northside but believes the growth is going to be along Georgetown Road, Harrison Pike and Freewill Road. He doesn’t feel it was wrong to put a new elementary school on Georgetown Road. Three schools in one area, he wants to defend it. A new school relieves pressure off other schools. The new school freed up other schools for additional teaching spaces and activities. He was out on Hwy 60 on Wednesday for 45-minutes and didn’t see any impact on traffic. People have to realize, people on Hwy 60 were driving all the way to Yates, which now relieves pressure off Paul Huff. He then commended the City School Board with sticking with the plan and building an elementary school there. As we grow, that area is going to pop. He also still feels an extension from Paul Huff to Freewill Road is something that needs to be looked at, as well as widening of Freewill Road and Villa Drive. We, as a body, can influence where we want to push growth. Councilman May thanked Mr. Fivas and city staff for looking at North Ocoee/25th Street and for the quick solution until we can look at the major solution. He thinks working together with the State, it will be a big improvement on moving traffic through the intersection. Councilman Hughes stated he met with the Director of Mars Chocolate to discuss the truck route along Peerless and how to help traffic in the area of Tomahawk Circle and Paul Huff. He asked if Mars would ask the trucks to go towards 25th Street instead of Paul Huff. The Director explained they do not own the trucks or have control of the drivers but would make contact with who they lease them from and see if they will go in the opposite direction to help the neighborhoods. Councilman Hughes stated now it seems to be working with about 50% of the trucks going towards 25th Street. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-37 – Rezoning .41 acres, more or less, located at 600 25th Street NW (Tax map 41M Group B Parcel 004.01) from R2 Low Density Single and Multi-Family Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved subject to staff comments; 5:2; 2 members were absent). Zoning Ordinance No: 2019-37 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 Zoning Residential Zoning District to PI Professional Zoning District Approximately .41 acres, more or less, located at 600 25th St NW as shown on the attached map. For reference, same property is being shown on Tax Map 41M Group B Parcel 4.01 in the Assessor’s Office for Bradley County, Tennessee. p. 606 REGULAR SESSION AUGUST 12, 2019 PAGE -606- MINUTE BOOK 29 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Zoning Ordinance No: 2019-37 be approved on first reading. The motion was seconded by Councilman Webb. Councilman Estes stated in his mind all three lots need to be treated the same. There are deed restrictions, whether right or wrong, but if this is changed to PI then the right thing to do is change the other two properties as well. Councilman May asked if the Planning Commission discussed that all the surrounding properties are zoned PI. Councilman Estes stated this was pretty complex and feels there was a lot that was not given to them ahead of time. We can change the zoning and go against deed restrictions but it is up to the people who are affected to then sue the owner of the property. Mr. Kimball states yes, when it’s crystal clear there are deed restrictions you typically don’t approve a rezoning. This isn’t clear because the restrictions you have refer to a plat which shows all the parcels east of Harris Circle. What is confusing way back in the chain of title, in both parcels those restrictions are mentioned but yet they are mentioned consistently on the parcel fronting 25th Street. When they are unclear you can make the best policy and decision from a zoning standpoint and if the applicant understands their may or may not be restrictions the risk is now on them. Councilman May stated it is not clear in this case. Councilman Cassada asked which parcel might be deed restrictions. Mr. Kimball stated the parcel facing 25th Street, it is in their chain of title in their deed and if they apply, these can be changed with 51% of the owners in the subdivision agreeing. Councilman Estes asked if the owners of the property if they understand that going back at least five changes of ownership of the property there is a deed restriction to make it only R1 and to rezone to PI it is in your lap. Mr. DeJesus replied yes, he understands. Upon roll call, the motion to rezone the property was unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-38 – Rezoning .71 acres, more or less, located at 2503 & 2505 Harris Circle NW (Tax Map 041M Group B Parcel 004.02 & 4.03) from R2 Low Density Single and Multi-Family Zoning District to PI Professional Institutional Zoning District (Planning Commission: Denied 5:2; 2 members absent). p. 607 REGULAR SESSION AUGUST 12, 2019 PAGE -607- MINUTE BOOK 29 Zoning Ordinance No: 2019-38 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 Zoning Residential Zoning District to PI Professional Zoning District Approximately .71 acres, more or less, located at 2503 & 2505 Harris Circle NW as shown on the attached map. For reference, same property is being shown on Tax Map 41M Group B Parcel 4.02 & 4.03 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman Estes moved that Zoning Ordinance No: 2019-38 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Hughes moved that the Planning Commission look at the North Lee project by Riverstone Construction and give the residents a chance to discuss the development of 34 houses by Riverstone. Mr. Kimball suggested the property owners meet with city staff first and outline their concerns, like flooding, buffers and road access. They have to have a permit from TDOT for access onto North Lee Highway, which could take up to three months. Some of the residents have expressed interest into buying the property. You can’t ask the Planning Commission to reconsider a plat approval because it is already vested. Councilman Webb offered a substitute motion that the Council encourages all the parties to meet, discuss the differences and see if a resolution could follow. Councilman Hughes seconded the substitute motion; and upon roll call, unanimously passed. p. 608 REGULAR SESSION AUGUST 12, 2019 PAGE -608- MINUTE BOOK 29 Councilman May moved to appoint Tom Rowland to the Airport Authority to fill the unexpired term of Lynn DeVault, who recently resigned. The term would expire February, 2020. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the following: November Council Meetings: The November 11 meeting will be cancelled due to the Veterans Day Holiday; City Offices will be closed. Due to the Thanksgiving Holiday Week, the November 25 meeting will be rescheduled to November 18. There being no future business the meeting was adjourned at 4:05 p.m. _________________________________ ______________________________ Mayor City Clerk