Cleveland City Council

p. 616 REGULAR SESSION SEPTEMBER 9, 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, SEPTMBER 9, 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; 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; Cathy Andrews, CDBG Coordinator; Roger and Susan Schmurr; Hal Taylor with Cleveland City Schools; Mike Griffin with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; Anthony Lombard; Candy Tapper and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Richie Johnson with The Chapel 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 August 26, 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 City Manager Joe Fivas stated last meeting we celebrated the awarding of the GFOA Budget Award and the Financial Reporting Award and wanted to thank Assistant City Manager/CFO Shawn McKay again for his daily efforts with the finances. Mr. Fivas then recognized Human Resource Director Kimberly Spence who recently received the 2018-2019 Public Entity Partners Excellence in Risk Management Award for East Tennessee. It is a great honor to work with Ms. Spence, who has held a number of positions within the City since beginning her employment in 1987. We appreciate her dedication. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to the Cleveland Airspace Zoning Ordinance including the creation of a Runway Protection Zone. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 9-0. Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Brooks then 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 amendment to section 2.9, 2.11 and Table 1 of the Zoning Regulations concerning the operation of various types of financial institutions. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 9-0. Mayor Brooks asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Brooks then 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 .70 acres located at 2091 Candies Ln NW from R2 Low Density Single Family and Multi-Family Residential to CG General Commercial Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 9-0. p. 617 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -617- MINUTE BOOK 29 Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks then 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 2.8 acres located on Georgetown Road between Kimberly Dr NW and Weston Hills Dr NW from R3 Multi-Family Residential Zoning District to PI Professional Institutional Zoning District. Corey Divel stated this item was presented before the Planning Commission in May of this year and was approved. The City Council approved the item on first reading and on final reading it was sent back to the Planning Commission, who then had further discussion. It was approved again by the Planning Commission 9-0. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. Tony Raspa, who represents the six properties stated this has become a lengthy process for everyone and thanked everyone for being involved. He owns the home at 3812 Georgetown Road, which we would like to turn into a small office, with very little traffic. He would be doing training and book work with aviation students for the airlines. Mr. Dival brought to his attention in order to do what we would like to do, which is place a sign in the yard it would have to be rezoned PI. The neighbors asked then to do the same thing and at that point there was high concerns about reselling properties with the new highway. The Planning Commission, both times, expressed serious concerns about single family homes in that area and the traffic with a five- lane highway. We are trying to plan for the future and that is the request for the rezoning. Vice Mayor Johnson stated the concerns he has been asked are the existing stakes final. Mr. Raspa stated Robert Rogers with TDOT has stated the orange stakes are right-of-way and utility easements and the white stakes are construction easements. The last plan that was discussed was there will be minimal road being taken on our side, maybe a couple of feet. Most of the road is going on the other side of Georgetown. There will not be a lot of change as far as aesthetics of the property except elevations and driveways. The residents do have concerns about traffic and safety. Vice Mayor Johnson stated he feels it was good to delay the rezoning until the project is finished. Mr. Raspa responded he personally has been patient getting information to the Council to make an educated decision. The construction project could happen in five years, ten or never happen. We are going to be in a situation where we could potentially loose equity in the property and the safety of the area. They are getting together as a team and possibly selling it all together. The PI zoning has more restrictions and will be better for the area. Under the current zoning someone could buy them out and build apartments. We thought it would be in everyone’s best interest to request PI zoning for the area. Our homes have minimal traffic compared to the subdivisions around us. It is unfair that we’ve seen the growth around us and been patient through this rezoning and all we want to do is save the equity in our homes and do something with it, so we don’t lose the value. We are asking the City Council to do the right thing and help us keep the value of our homes. Vice Mayor Johnson stated again he feels it is a little premature to rezoning the property at this time to know for sure what is happening with the project. Mr. Raspa stated regardless of what the State does with the road, allowing us not to rezone, we are being punished in that regard. Councilman Cassada asked for clarification on being punished. Mr. Raspa stated to delay it for no reason other than we are going to wait on the State, not allowing us to go PI instead of R3, is punishment. Councilman Cassada asked about the current traffic. Mr. Raspa stated, you now you live there but from a residential point of view, it is terrible. It is a death trap. The Planning Commission said it is not ethical to have single family homes on this road. Councilman Cassada inquired if the traffic is bad why open a business there. Mr. Raspa stated his business is approximately 3-4 people a month, in a classroom setting. Councilman Cassada stated public safety is important. Mr. Raspa agreed. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. Anthony Lumbard stated if we had more time to see how this development comes out in reality it would be helpful. He is requesting the Council deny the rezoning request. He is also concerned about the home turning into an office and what that would look like. Roger Schmurr, who lives in Campbell Glen stated he is concerned about the idea that owners of these homes are going to lose equity. It is public record that the requestors home was purchases almost twenty-years ago for just under $77,000. Refinanced in February for just under $142,000. The bank knows about the Georgetown Road project and willing to refinance, they are not going to lose any equity. That line of thinking we should just put it in our back pocket. The owners will do very well. Mr. Raspa made it clear he approached the other homeowners about rezoning to PI and could potentially gain more p. 618 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -618- MINUTE BOOK 29 money on the sale of their home. Now, that might not be the case so why rezone to PI. He is asking for the Council to oppose the rezoning. 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 the Stormwater Division’s annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control. Mayor Brooks asked if anyone would like to speak in favor of the annual report. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the annual report. No one spoke. Mayor Brooks then declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution No: 2019-83 – Authorizing the Mayor to sign contract amendment #1 with TDOT for the 25th Street Corridor Area Multi-Modal Project. RESOLUTION NO. 2019-83 WHEREAS, the City has received the attached contract amendment #1 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: 25th Street Corridor Area Multi-Modal Project- Construction and reconstruction of sidewalks along 25th Street (SR-60) from Peerless Road to Keith Street (SR-2) and along Peerless Road from 25 Street (SR-60) to the Bradley County Nursing Home. Project also includes curb and gutter, guardrail, ADA upgrades, striping, landscaping, pedestrian amenities and a bus stop. Agreement Number: 180073 Project Identification Number: 125182.01 Federal Project #: TAP-9203(24) State Project #: 06LPLM-F3-060 WHEREAS, the City Council desires to enter into the attached contract amendment #1 with TDOT for the project described, and to further authorize the Mayor to execute this contract 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 contract amendment #1 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 9th day of September, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-84 – Authorizing the Mayor to sign a contract with Southeast Tennessee Development District to prepare and submit the Environmental Review Document for the CDBG Blythe to Blythe sidewalk project. RESOLUTION NO. 2019-84 p. 619 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -619- MINUTE BOOK 29 WHEREAS, the City has received the attached agreement for NEPA Environmental Review Services between the City and the Southeast Tennessee Development District for the City of Cleveland’s CDBG Blythe to Blythe Sidewalk Project; and WHEREAS, the City Council desires to enter into the attached agreement with the Southeast Tennessee Development District and to further authorize the Mayor to execute this agreement 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 the Southeast Tennessee Development District and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 9th day of September, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-85 – Authorizing the Mayor to sign contract amendment #5 with TDOT related to the sidewalk project along Wildwood/Dalton Pike. RESOLUTION NO. 2019-85 WHEREAS, the City has received the attached contract amendment number 5 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project description: Sidewalk Improvement/New Construction on SR-311,from Treasury Dr to 20th St SE; 9th St, Chippewa Ave SE to SR-74; Chippewah Ave SE, 12th St SE to 9th St. PIN # 120322 Federal Project #: /NA State Project #: 06LPLM-S3-049 Contract #: 140160 WHEREAS, the City Council desires to enter into the attached contract amendment number 5 with TDOT and to further authorize the Mayor to execute the attached contract amendment 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 contract amendment number 5 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 9th day of September, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Street Light Recommendation – Allen Johnson at 721 1st Street NE (Cleveland Utilities recommends upgrading the existing fixture at 1st and Gaut Street NE and at 270 Gaut Street NE to 45-watt LED cobra fixtures (at a cost of $162.83 per fixture). It is also recommended p. 620 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -620- MINUTE BOOK 29 tree trimming and/or tree removal on Gaut Street NE just north of the 1st Street intersection could improve lighting levels. Tree trimming will be completed by City Staff). • Motion – Authorizing the Mayor to sign the annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control from the Stormwater Division [on file in the City Clerk’s Office.] The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Webb reported that the Wi-Fi Task Force continues to meet. Today was the original day the date was set for a report, which is not ready, so he feels it is in our best interest to extend the time. Additionally, while working with the school system we have determined that a large percentage of students do not have internet access, due to not being available or economically cannot afford it. This does restrict the school’s ability to use tools that require access to the internet for both homework and research opportunities. He continued they would like to continue looking at this issue separately, and if needed include more members of the community in its research and work. Work force development is so important at this point and time, it is mandatory we do all we can to prepare our students for the lives they are going to face. Councilman Estes added he loves that the school system is giving all 6-12th graders, which is 2,500-3,000 students, all Chromebooks. It makes the call for Wi-Fi even greater. Councilman Webb added there is an existing program in Tennessee called Broadband Ready Communities and Bradley County has already opted in. He would like to research it further and determine if any components could help us with our Wi-Fi initiative. Mayor Brooks asked if any Council was necessary. Mr. Fivas stated it is not necessary but could be helpful. Councilman Webb then moved to allow the task force to continue its work, without setting a deadline date and to allow them to expand their scope. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Vice Mayor Johnson thanked staff on the Georgetown/25th Street project and glad we are installing sidewalks along the updated portion. Also, he feels we should focus on the Paul Huff Parkway extension. Back in 2003 it was estimated to cost $3,100,000 and today we wouldn’t get it done that cheap. Again, we should go ahead and stay focused on that extension for when the time comes. Mayor Brooks stated he agrees with Vice Mayor Johnson. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2019-39 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 6.6 AIRPORT ZONING CONCERNING THE NEW CLEVELAND MUNICIPAL AIRPORT REGIONAL JETPORT IN THE VICINITY OF DRY VALLEY ROAD AND MICHIGAN AVENUE ROAD; REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY NEAR THE NEW CLEVELAND MUNICIPAL AIRPORT REGIONAL JETPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF BOTH INSIDE AND OUTSIDE THE CLEVELAND CITY LIMITS; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; UPDATING THE CLEVELAND MUNICIPAL AIRPORT REGIONAL JETPORT AIRSPACE ZONING MAP AND AIRPORT LAYOUT PLAN WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; ELIMINATING REGULATIONS CONCERNING THE p. 621 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -621- MINUTE BOOK 29 PROTECTION OF AIRSPACE IN THE VICINITY OF HARDIWCK FIELD MAINTAINING EXISTING AIRPORT ZONING AROUND HARDWICK FIELD WHILE IT SHALL REMAIN AN AIRPORT; PROVIDING FOR ENFORCEMENT; AND IMPOSING PENALTIES; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the need to protect airspace in and around the Dry Valley Road airport site for the protection of aircraft flying into and out of this facility, a new municipal airport hereinafter referred to as “Cleveland Municipal Airport Regional Jetport”, and to protect the public; and WHEREAS the City Council has determined that existing zoning regulations should be revised for the protection of airspace in and around the Dry Valley Road airport site; and WHEREAS the Bradley County Commission has adopted declined to adopt airport zoning regulations for the Dry Valley Road airport site covering lands outside the city limits of Cleveland and it is therefore incumbent upon the City Council to adopt airport zoning for the airport that covers lands both inside and outside the city limits pursuant to Title 42 Chapter 6 Airport Zoning of the Tennessee Code Annotated; and WHEREAS the City Council has sought the approval of the Tennessee Department of Transportation, Aeronautics Division for the authority necessary to adopt and enforce airport zoning outside the Cleveland city limits pursuant to TCA 42-6-103; and WHEREAS it is intended to leave the existing airport zoning in place around the existing municipal airport Hardwick Field for as long as it shall continue to serve as an airport NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The City Council finds and declares that: 1) the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Cleveland Municipal Airport Regional Jetport; and that 2) it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and that 3) the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation; and that 4) the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. Section 2: Short Title This Ordinance shall be known and may be cited as the New Cleveland Municipal Airport Regional Jetport Zoning Ordinance. Section 3. The Cleveland Municipal Code Title 14, Chapter 2, Appendix C, Zoning Regulations, be amended by revising “Airport Zoning” to read as follows: p. 622 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -622- MINUTE BOOK 29 6.6 Airport Zoning. 6.6.1 Hardwick Field--- all airport zoning regulations and maps adopted prior to July 1, 2009 that are applicable to the environs of Hardwick Field shall remain in full force and effect until such time as the City Council of the City of Cleveland , Tennessee determines that Hardwick Field shall have ceased to be an airport requiring such airport zoning protection under laws and regulations applicable to airports in the State of Tennessee. DELETED 6.6.2 Definitions. As used in this ordinance, unless the context otherwise requires: (1) AIRPORT --- the Cleveland Municipal Airport Regional Jetport located, or to be located, in the vicinity of Dry Valley Road and Michigan Avenue Road in Bradley County, Tennessee. (2) AIRPORT ELEVATION - 860 865 feet above mean sea level. (3) APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in below in this ordinance (see Section 6.6.4). In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. The approach zone is designated for each runway based upon the type of approach available or planned for that runway end. (4) PRIMARY, APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES – These zones are as set forth below in this ordinance (see Section 6.6.3). (5) BOARD OF ZONING APPEALS – The City of Cleveland Board of Zoning Appeals established in Title 14 Chapter 2 Zoning Regulations of the Municipal Code of the City of Cleveland, Tennessee in accordance with the laws of the State of Tennessee. (6) CONICAL SURFACE - A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (7) HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. (8) HEIGHT - For the purpose of determining the height limits in all zones set forth in the Ordinance and shown on the airport zoning map adopted by the Ordinance; the datum shall be mean sea level elevation unless otherwise specified. (9) HORIZONTAL SURFACE - A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. (10) LARGER THAN UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft. (11) NONCONFORMING USE - Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto. (12) NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. (13) OBSTRUCTION - Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this ordinance (see Section 6.6.4). p. 623 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -623- MINUTE BOOK 29 (14) PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them. (15) PRECISION INSTRUMENT RUNWAY - A runway, having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. (16) PRIMARY SURFACE – A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway; for military runways or when the surface has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in this ordinance under 6.6.3 Airport Zones and Airport Zoning Map. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (17) RUNWAY – A defined area on an airport prepared for landing and take-off of aircraft along its length. (18) RUNWAY PROTECTION ZONE (RPZ) – A trapezoidal area at ground level beginning 200 feet beyond the end of the runway and centered about the extended runway centerline, with the shortest side of the trapezoid closest to the runway. The runway protection zone dimension for a particular runway end is a function of the type of aircraft and approach visibility minimum associated with the runway end. (18 19) STRUCTURE – An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestack, earth formation, and overhead transmission lines. (19 20) TRANSITIONAL SURFACES - These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline. (20 21) TREE – Any object of natural growth. (21 22) UTILITY RUNWAY – A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. (22 23) VISUAL RUNWAY – A runway intended solely for the operation of aircraft using visual approach procedures. 6.6.3 Airport Zones and Airport Zoning Map In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the primary surfaces, approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cleveland Municipal Airport Regional Jetport. Such zones are shown on the current Cleveland Municipal Airport Regional Jetport Airspace Zoning Map and Airport Layout Drawing consisting of one sheet, prepared by the Airport Authority, approved by the Federal Aviation Administration dated September 2006, which is attached this Ordinance and made a part hereof (see Appendix A to this ordinance which also contains an illustrative map highlighting the street network within the p. 624 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -624- MINUTE BOOK 29 airport zoning area). An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The regulations prescribed herein shall apply only to those portions of zones which are located both inside and outside of the corporate limits of the City of Cleveland or which become located inside the corporate limits of the City of Cleveland due to annexation. The various zones are hereby established and defined as follows: (1) Approach Zone – Runway Larger Than Utility With A Visibility Minimum Greater Than as low as ¾ Mile Non - precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 1,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (2) Transitional Zones – The transitional zones are the areas beneath the transitional surfaces. (3) Horizontal Zone – The horizontal zone is established by swinging arcs of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. (4) Conical Zone – The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. (5) Primary Zone - A surface rectangularly centered on the runway. The width of the area is 1,000’, extending 200 feet beyond either end of the runway. The elevation of any point on the Primary Zone is the same as the elevation of the nearest point on the runway centerline. (6) Runway Protection Zone - The inner edge of the RPZ coincides with the width of the primary zone and is 1,000 feet. It extends outward uniformly to a width of 1,510 feet at a horizontal distance of 1,700 feet 6.6.4 Airport Zone Height Limitations Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport primary zone, approach surface zone, transitional surface zone, conical zone, runway protection zone or horizontal surface zone to a height in excess of the applicable height herein established for such zone. Additionally, no structure shall be erected or altered within the conical surface zone to a height in excess of the height limit herein established for zone. Such applicable height limitations are hereby established for each of the zones in question as follows: (1) Approach Zone – Runway Larger Than Utility With A Visibility Minimum As Low As A ¾ Mile Nonprecision Instrument Approach Zone. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. (2) Transitional Zones – Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 860 865 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline. (3) Horizontal Zone – Established at a height of 150 feet above the airport elevation or at a p. 625 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -625- MINUTE BOOK 29 height of 1010 1015 feet above mean sea level. (4) Conical Zone – Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (5) Excepted Height Limitations – Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land. 6.6.5 Use Restrictions Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. The following uses are prohibited within any runway protection zone: residential homes, group homes, hospitals, Multi family standard or manufactured modular dwellings, public, parochial or private schools, storage of explosive materials or uses that assemble large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash. 6.6.6 Nonconforming Uses (1) Regulations Not Retroactive--- the regulations prescribed in this Ordinance are not retroactive and the ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of a nonconforming use in place prior to the ordinance. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure; the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted. (2) Marking and Lighting – Notwithstanding the preceding provision of the Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Cleveland Municipal Airport Authority. 6.6.7 Permits (1) Future Uses – In addition to any prerequisites for obtaining any permit already established by the City of Cleveland and/or Bradley County, all permits issued by the City of Cleveland and Bradley County will additionally be reviewed for conformity with the requirements of this Ordinance. Furthermore, nothing in this ordinance shall require a permit not otherwise required for any tree or structure meeting the provisions of a, b, and c hereunder. a. In the area lying within the limits of the horizontal zone and conical zone, any tree or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limit prescribed for such zones. b. In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, any tree or structure less than seventy- five feet of vertical height above the ground, except when such tree or structure would p. 626 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -626- MINUTE BOOK 29 extend above the height limit prescribed for such approach zones. c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by the Ordinance. except as set forth in this ordinance (see Section 6.6.4). Additionally, no permit for any use inconsistent with the provisions of this resolution shall be granted unless a variance has been approved in accordance with the provisions of this ordinance [see Section 6.6.7(4)]. (2) Existing Uses – No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for a permit otherwise complying with all of the requirements of the permitting jurisdiction, the City of Cleveland or Bradley County as the case may be, will be granted. (3) Nonconforming Uses Abandoned or Destroyed – Whenever the City of Cleveland Building Official determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure to be reconstructed or replaced to exceed the applicable height limit or otherwise deviate from the zoning regulations. (4) Variances– Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Zoning Appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of the Ordinance. Additionally, no application for variance to the requirements of this Ordinance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny said application. (5) Obstruction Marking and Lighting – Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals, this condition may be modified to require the owner to permit the Cleveland Municipal Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights. 6.6.8 Violations Unlawful, Enforcement, and Penalties Violations of this ordinance are declared to be unlawful. It shall be the duty of the City of Cleveland’s Department of Development and Engineering to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the City p. 627 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -627- MINUTE BOOK 29 of Cleveland’s Department of Development and Engineering upon a form published for that purpose. Applications required by this ordinance to be submitted to the Department of Development and Engineering shall be promptly considered and granted or denied. Application for action by the Board of Zoning Appeals shall be forthwith transmitted by the City of Cleveland’s Department of Development and Engineering. Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall be punishable in accordance with the guidelines established elsewhere in the City of Cleveland, Tennessee zoning regulations. 6.6.9 Board of Zoning Appeals and Judicial Review In addition to the powers and duties elsewhere conferred upon the Board of Zoning Appeals by the City of Cleveland, Tennessee’s zoning ordinance, the Board of Zoning Appeals shall also have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the City of Cleveland’s Department of Development and Engineering staff, including but not limited to the Building Official, or their agents in the enforcement of this ordinance; and (2) to hear and decide special exceptions to the terms of this ordinance upon which such Board of Zoning Appeals under such regulations may be required to pass; and (3) to hear and decide specific variances. Any person aggrieved, or any taxpayer affected, by any decision of the Board of Zoning Appeals, may appeal to either the Circuit Court or Chancery Court as provided in Tennessee Code Annotated, Title 27 Chapter 9. Section 4. That Title 14, Chapter 4 of the Cleveland Municipal Code established as “Airport Zoning Regulations” for Hardwick Field be deleted in its entirety. Section 5. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 6. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 7. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 628 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -628- MINUTE BOOK 29 APPENDIX Councilman May moved that Ordinance No: 2019-39 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: 2019-40 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.9, SECTION 2.11, AND TABLE 1 SO AS TO AMEND THE TYPES OF FINANCIAL INSTITUTIONS p. 629 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -629- MINUTE BOOK 29 PERMITTED USES WITHIN THE PI PROFESSOINAL INSTITUTIONAL DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has determined that the operation of “financial institutions with any number of drive up lanes” within the PI Professional Institutional Zoning District is too broad in its application; and WHEREAS, the current uses permitted within the PI Zoning District referenced within the zoning ordinance is no longer in effect; and WHEREAS, the City Council has determined that the existing ordinance should be revised to clarify that the uses currently permitted within the PI Professional Institutional Zoning District are intended to be allowed in the CN Zoning District; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.9.1.E to read as follows: Section 2. Section 2.9.1 of the zoning ordinance shall be revised to include the following description as a permitted use: E. Branch Banking with drive-in window service but not including cash advance, title pawn, flex loan businesses and the like. Section 3. Section 2.11 of the zoning ordinance shall be revised to include the following as a permitted use: Financial institutions including branch banking, cash advance, title pawn, flex loan business and the like. Section 4. Table 1 within the Zoning Ordinance shall be amended to reflect the changes established in the preceding section 2 and section 3. Section 5. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 6. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 7. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Vice Mayor Johnson moved that Ordinance No: 2019-40 be approved on first reading. The motion was seconded by Councilman Hughes. Councilman Webb inquired if credit unions are considered banking institutions. Attorney John Kimball stated yes. Upon roll call, unanimously passed. p. 630 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -630- MINUTE BOOK 29 AGEThe following Ordinance was then presented in full: ZONING ORDINANCE NO: 2019-41 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 CG General Commercial Zoning District. Approximately .70 acres, more or less, located on Fletcher Rd NW (off Candies Ln NW) as shown on the attached map. For reference, same property is being shown on Tax Map 41G Group C Parcel 027.00, 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 Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit Councilman May moved that Ordinance No: 2019-41 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2019-42 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 PI Professional Institutional Zoning District. Approximately 2.8 acres, more or less, located on Georgetown Rd NW as shown on the attached map. For reference, same property is being shown on Tax Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group E Parcel p. 631 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -631- MINUTE BOOK 29 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01 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 to approved Zoning Ordinance No: 2019-42 on first reading. The motion died for lack of a second. Councilman Cassada moved to deny Zoning Ordinance No: 2019-42 on first reading. The motion was seconded by Councilman Hughes. Councilman Cassada stated this is not to say it doesn’t fit the criteria but he would like to see the lay of the land and as the project develops further, we can see exactly what the individuals are talking about here. He feels we are getting the cart before the horse. Currently it’s R3, which was zoned in 1976. No one can tell me why. Until the grading is complete, we shouldn’t get too far ahead until we have a better lay of the land. Councilman Estes stated he had ten things for the record. 1. Staff, as well as Planning Commission recommended this to us. It has been fully vetted. He has plenty of calls from people Weston Hills and Crown Colony, who say they are for it but can’t publicly come. They are not here today but this is not cut and dry. We vetted this quite a bit, twice before Planning Commission. 2. The lay of the land. There is a map to see where this is going. Sure it could change but that is not an excuse not to approve this. Safety, staff has said single family homes facing a five- lane highway is not safe. 3. Traffic. Right now, it’s 5 homes on six lots, R3 or PI, you don’t know what that will look like. That agreement doesn’t hold until you can see. Someone said the future 100 apartments across the street doesn’t have bearing. You bet it does. 4. Can’t envision it. You can look at the maps. 5. The state is going to buy them out and they have equity. That should have no bearing on our decision, what the state is going to do on whether we zone this or not. The discussion of move PI to the north, that’s the not in my backyard type of discussion. At the Planning Commission meeting Mr. Raspa was applauded by them and staff for bringing all his neighbors to take this as a block. It makes sense as this expands. 6. The ethical, losing equity and someone’s public bank records, you don’t know their whole financials and that behavior is not right. This is not what is right for Cleveland. These p. 632 REGULAR SESSION SEPTEMBER 9, 2019 PAGE -632- MINUTE BOOK 29 people have done everything right. This is not what’s best or let’s hold off for a year and just see. They followed the rules; city staff is for this and it makes perfect sense. It’s going to be a debacle there, so he’d much rather see it PI. Speculate, build proposed Villa apartments on the six lots makes the whole area totally safe, make it R3, you increase the traffic David Sheely can’t even predict. This is wrong and encourages everyone to vote against it. Councilman Cassada stated he disagrees. He’s not saying it won’t happen when the road is put in but right now, we shouldn’t change it not knowing the setbacks. The state can change the drawings anytime. It may be a good use for it but at this time no one is going to buy the property now. After construction they can come back and revisit the rezoning. Councilman Estes stated what the state does should have zero impact on what we are doing here. Councilman McKenzie asked if apartments can currently be built on the land. Mr. Raspa stated yes. Upon roll, Councilman Cassada, Councilman Hughes, Councilman May, Councilman Webb and Vice Mayor Johnson voted no. Councilman Estes voted no. Councilman McKenzie passed. The motion to deny carries 5:1:1. Councilman May moved to authorize the Mayor to sign an agreement for a bypass of bridge construction on 20th Street near Barney Lane with Warehouse Concepts, LLC. The motion was seconded by Councilman Estes. Mr. Fivas stated we have a few details to work out but would rather have this wrapped up before the road is closed. Councilman Cassada inquired about liability of taking the roadway. Mr. Kimball stated yes you would as you do for another public street. Also, the draft agreement states the City will return to the owners the road in as good as a condition as it is today. If there is damage, we will repair it. We will document everything before signing the agreement. Upon roll call, the motion unanimously passed. ANNOUNCEMENTS Mayor Brooks announced the Burger and Badges Blood Drive on Wednesday, September 11 at the Life Care Campbell Center. Also, on September 12, Cry Out America event will be held in the evening at Greenway Park. There being no future business the meeting was adjourned at 3:46 p.m. _________________________________ ______________________________ Mayor City Clerk