Cleveland City Council

p. 914 REGULAR SESSION AUGUST 24, 2020 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 24, 2020 AT 3:00 P.M. PURSUANT TO GOVERNOR LEE’S EXECUTIVE ORDER 51, THIS MEETING WAS CONDUCTED ELECTRONICALLY AND LIVE STREAMED ON THE CITY’S FACEBOOK PAGE IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE. THERE WAS NOT BE A PHYSICAL LOCATION FOR THE MEETING. PRIOR TO THE MEETING, ANY QUESTIONS OR COMMENTS WERE SUBMITTED TO THE CITY MANAGER’S OFFICE. Present and presiding was Mayor Kevin Brooks. Also present were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes, Ken Webb and Vice Mayor Avery Johnson. Others in attendance were: City Manager Joe Fivas; Shawn McKay, Assistant City Manager/CFO; Christy Brandon, Assistant City Clerk; Sue Zius, Assistant to the Mayor/Legislative Liaison; Dustin Roberts, IT Support; Beverley Lindsey, Assistant to the City Manager; Corey Divel, Assistant to the City Manager/Communications Coordinator/Downtown Coordinator/Senior Planner and City Attorney John Kimball. Also, on the virtual line were various staff members, Department Heads, and Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag by Councilman Cassada and prayer by Vice Mayor Avery Johnson, 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 10, 2020 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 the following comments concerning the monument have been received via email. ____________________________ From: Charlotte Peak <charlotte@charlottepeak.com> Date: 8/23/20 10:11 PM (GMT-05:00) To: Beverley Lindsey <BLindsey@clevelandtn.gov>, Darla Jenkins <djenkins@clevelandtn.gov>, rick.norton@clevelandbanner.com Subject: City council meeting I have comments for today’s meeting. Will they be read? The paper said to send comments but I saw that Emancipate Cleveland was going to address the Council in person? Either way I want to request that my comments added to the minutes. I have also copied the Banner. Thank you Councilmen for taking the time to hear me today. Today you will consider four different proposals to resolve a problem that, according to recent polling, shows 95 percent of longtime residents and taxpaying citizens don’t view as a problem or understand the effort put forth by the Council. Why do most feel it is not worth this effort? Simple answer: It doesn’t belong to the city or the county. The monument is private property and unless the City is going to enforce eminent domain then the conversation is in vein and seems to be for pomp and circumstance. If you do vote to remove or cover the monument then it will violate private property rights and taxpayers should have a voice. We should always be mindful of what precident could be set if you continue down this path. Private property rights are to protect your rights to keep on your the property what you want on it – whether it have on it a Rebel flag or a BLM flag. p. 915 REGULAR SESSION AUGUST 24, 2020 PAGE -915- MINUTE BOOK 29 I may not agree with the reasons or the rhetoric of the organizations represented, but I do agree with their right to peacefully protest and if they so choose to fly a BLM Flag or a rebel flag on their own property they should be able to do so. This is the beauty of private property rights. However, I totally disagree with the statements made by these groups that Bradley County and City Of Cleveland are mainly racist and a problem exists. Every town always has a few rogue people that some media seem to find to make the case that “All” residents are racists rednecks. Most of the time they do not do interviews with the more affluent and educated business owners that are in total support of keeping the monument where it is. People that have only lived here a year or so choose to see what they want to see. The young lady that started the petition references racist acts don’t by a few (that she never witnessed but heard about) and most of her examples are from people who live in other towns! I was recently put on a boycott business list and called racist because I have been vocal about keeping the monument and leaving it alone. I don’t even want to start trying to defend myself about that because my service to this community speaks for itself and everyone that knows me knows the truth. I did not grow up with luxuries or a lot of money. My parents taught me to earn my way through life with hard work and integrity. “White privilege” is a myth and in my opinion people have started pointing out color and race as an excuse to justify their “Cancel culture” ! I take pride in our town and our mantra the City with Spirit. There isn’t a more welcoming place to live. I was born and raised here and love this place. It’s time we as a town stand up against people that want to dictate what we do on our private property and on our public property. We as taxpayers have the right to say what happens. If the City thinks they have some jurisdiction to propose resolutions to a problem that doesn’t exist then we as taxpayers deserve the right to vote on this “Non-matter.” I have multiple properties in every one of your districts and I am one of your city taxpayers. The matter of the monument was never an issue until the cancel culture decided to try and take over our peaceful town and try to disparage our town’s good name with discrimination and racist claims. To prove my point that the monument was not an issue with Lee University until now, I will reference an article in the Banner July 10,2012. I quote Dr Conn where he said, “All Clevelanders back then knew the monument as the local point much like the Arc de Triomphe in Paris Trafalgar Square in London or time square in New York. There is some place that’s the center the sort of cultural geographic, social, psychological center of the town and the monument was always that place.” I have attached the article to be included in the minutes with this statement. In other words, that monument has been more of a location marker for most people than a monument of any sort. Representative John Deberry Jr from Memphis TN said it best last week “If we don’t start standing for something don’t you know that the people that are looking at what’s happening in Washington, Detroit and Seattle. They’re getting emboldened because we act like a bunch of punks too frightened to stand up and protect our own stuff. You tell me that somebody got the right to tear down property that TN taxpayers paid for...... That American taxpayers paid for.... and somebody has the right to destroy it, deface it and tear it down? what kind of people have we become that we can’t protect our own stuff.” Representative John DeBerrys own words and for those of you who don’t know what kind of impact this is then you should know he is a black man. What will be left to do when the markers of our history are moved from the spot of that history, completely covered from view, or completely demolished? It doesn’t magically erase those moments from time and it shouldn’t. The thing that makes this such a great country is we don’t hide or deny our mistakes. We let our bad spots show and then do all we can to understand why they got there and how to prevent them from returning. Let’s rise up above the rhetoric and noise and call this movement for what it is “The cancel culture” and not give it any more attention. Thank you for your time and your service to this great city that we live in! p. 916 REGULAR SESSION AUGUST 24, 2020 PAGE -916- MINUTE BOOK 29 p. 917 REGULAR SESSION AUGUST 24, 2020 PAGE -917- MINUTE BOOK 29 Charlotte Peak 423-667-5760 Kaceproperties.com ___________________________________ From: Sara Keel <sarakdkeel@gmail.com> Sent: Sunday, August 23, 2020 10:49 PM To: Joe Fivas <jfivas@clevelandtn.gov> Cc: Bill Estes <bestes@clevelandtn.gov> Subject: Comments on the Confederate Statue for City Council meeting on 8/24 Dear Mayor Brooks and City Council Members, My name is Sara Keel, and I write to you as a representative of Emancipate Cleveland, a grassroots coalition of Cleveland residents dedicated to enhancing equity in our city. Today you will be asked to consider a number of proposals concerning the Confederate statue in our fair Downtown Cleveland. We ask that the Council work toward a resolution on this subject. In years past, Cleveland’s Black community has been marginalized and ignored by city government. You have the opportunity, in this moment, to change that history and to show that Cleveland’s Black residents are a valued part of the larger community and that their concerns are taken under serious consideration by Cleveland’s leaders. Emancipate Cleveland stands with our Black members and neighbors as well as prominent local Black organizations to ask for the removal of the Confederate statue on Ocoee Street. If the Council is not prepared to pass a resolution today to remove the statue, we offer an alternative that will move us all closer to the goal: Emancipate Cleveland asks that the City Council move to form a research committee made up of representatives from each of the following, where willing: Emancipate Cleveland, the Cleveland/Bradley NAACP, the Black Clergy, the 100 Black Men of Bradley County, and the United Daughters of Confederacy. In addition, there should be two city staff members, at minimum one independent attorney, and one representative from the City Attorney’s office. The research committee should meet at a minimum once every two weeks and report to the City Council within three months of its formation. The purpose of the research committee is to research and resolve standing legal and financial issues barring the removal of the Confederate statue on Ocoee Street and to find an equitable agreement if the statue cannot be moved. The research committee will be formed with an understanding from the City Council that the obstacles to the statue’s removal are strictly legal and financial. The committee will perform with the understanding that should these obstacles be overcome, the Council will resolve to move the statue to a suitable location, as advised by the research committee. Additionally, if the research committee finds that there is no way legally or financially for the Confederate statue to be moved, the members of the City Council will, in good faith, take under serious consideration any compromise advised by the research committee. We ask that the City Council accept this proposal. With equal gravity, we state that Emancipate Cleveland is opposed to the suggestion that a Union monument be moved from Fort Hill Cemetery to Ocoee Street. Please do not vote to accept this proposal. It does not address the concerns brought forth by the Black community; nor did the development of this idea take into account feedback from any Black leaders of Cleveland, including executives of the Cleveland/Bradley NAACP or the 100 Black Men of Bradley County. It is not a suitable solution nor stopgap. We encourage each member of the City Council to listen to the voices of Cleveland’s Black community, to show that you embrace Black residents as an integral part of our city, and to vote to remove the Confederate monument that has cast a shadow over Cleveland for far too long. You have the opportunity and the honor to do a great thing for each resident of our city today. p. 918 REGULAR SESSION AUGUST 24, 2020 PAGE -918- MINUTE BOOK 29 Thank you for your service and dedication. Kindest regards, Sara Keel _____________________________________ -------- Original message -------- From: linda ballew <lballew2012@gmail.com> Date: 8/23/20 7:40 PM (GMT-05:00) To: Beverley Lindsey <BLindsey@clevelandtn.gov> Subject: GAR Monument I hope this will be shared at the Commission Meeting on Monday Aug. 24. This is from the Ladies of the United Daughters of the Confederacy, Jefferson Davis Chapter 900. Lee University has really created a hornet's nest in our town. First it was the Confederate Monument, and now the GAR Monument. Mr. Estes contacted me (Linda Ballew-President) about our opinion on moving the Union Monument to Ocoee St. All members unanimously agreed that we are NOT in favor of moving it. The UDC honors all our Veterans, both Union and Confederate. A lot of our members have Union soldiers in their families, and a lot of them are buried at Fort Hill Cemetery. Mr. Estes also stated that the UDC had donated $1,000.00 to place the Union Monument. Some of the opinions of our members are as follows. Moving one monument will only lead to more wanting to be removed because it offends someone. The Heritage Act prohibits the removal, relocation, or renaming of a Memorial. Since the UDC helped donate we should have some say so of what happens to it. Moving the Monument might also compromise it and it could be destroyed. Our History would be lost. The anarchist, Antifia, and Black Lives Matter want all monuments taken down. Moving the Monument will not appease anyone . Our Tn. President stated Socialism and Communism have always been bred on college campuses. Look at the poor Raleigh Durham Winston Salem area. What a wasteland for trying to appease students. As President of our UDC Chapter, please don't let this happen in our town. Linda Ballew President UDC Jefferson Davis Chapter 900 _____________________________________________ From: Mitchell Kinder <mtkinder@aol.com> Sent: Monday, August 24, 2020 12:22 PM To: Beverley Lindsey <BLindsey@clevelandtn.gov> Subject: City Council Meeting Today - New Business Ms. Lindsey; I would like to express my opposition to the proposed motions by Councilman Estes to move the GAR (Union) Monument at Fort Hill Cemetery in the New Business portion of the Council meeting today. My first reason lies in the fact that this was the location chosen by the Vets themselves who fought on the Union side of the Civil War. The GAR stands for the Grand Army of the Republic which was entirely composed of Union Veterans. It was erected in that location by those who survived the war, lost friends and family, etc. Our local Post (Chapter) was named Oviatt Post and I believe it was number 20. They were a very strong organization. Even Charleston, TN had one as well in years past. Secondly, this is extremely important and I believe this type of discussion needs to wait for an "in person" meeting when the Covid19 threat is down and we are back to meeting in person. This needs give and take. I am not opposed to discussion but this is not the time, place (virtual) or way to handle it. Third, have any local historians been contacted for input? I have not sought their consent to being named herein but I am referring to persons like Bob George who is the City Historian, Debbie Moore, Margot Still, and others who care deeply about local history. There are others as well but I am speaking of qualified individuals like those mentioned (and others) who know and care about local history and have invested much time in regional history. Fourth, and finally, is the area with the monuments EXCEPT for the 12' square owned by the UDC, owned by the City, the State, etc. Regardless, isn't it all road right-of-way and not even yard sale signs on a temporary basis can be placed in the right-of-way. How can a permanent monument then be placed without it being somewhat of a double standard? It is all right-of-way as per the original 1830's plat of the Town of Cleveland (redrawn in 1868) and recorded in the Registers Office in Plat Book 3 Page 39 from the way I see it. Former City attorney L. Harlen Painter told me personally that ALL right-of-ways p. 919 REGULAR SESSION AUGUST 24, 2020 PAGE -919- MINUTE BOOK 29 on that plat are still like they were originally platted except for Lea St. (now Broad St) which was narrowed. Of course, the 12' square to the UDC is another exception as well. I would appreciate your consideration of my thoughts, with the main thought being, that it needs to be tabled for now. Best Regards, Mitchell Kinder, Past President of the Bradley Co. Historical Society ________________________________________ From: Debbie Moore <bradleyfolks@aol.com> Sent: Monday, August 24, 2020 9:35 AM To: Corey Divel <cdivel@clevelandtn.gov>; Jonathan Jobe <jjobe@clevelandtn.gov> Subject: the GAR monument I just wanted to weigh in on the possible moving of the Grand Army of the Republic monument at Fort Hill. As you know I have written a few local history book, had a radio history show and made 6 local history documentaries..... The GAR monument was place at Fort Hill as a response to the Confederate Monument in 1911--maybe 1912. It was placed at Fort Hill because that had been the location of the Union Forts during their occupation of Cleveland. The Union Veterans selected the location themselves. Let me also say many Union veterans attended the dedication of the Confederate monument. The monument looks like a big grave marker that contains the names of the Union Soldiers....it would be impossible to read without walking over to monument. As far as the signs are concerned there are 2 fairly new informative signs near the Veteran's Cemetery at Fort Hill that explains Bradley County's participation in the Civil War. There is a marker across the street from the Library by the Monument Building that addresses encampments in the area.....other Civil War markers are located on Dalton Pike, at Blue Springs Ball Park, the Museum and in Charleston. Plans are being made to place markers at the History Branch and the main Branch of the Library by the Library Board. The signs at the history branch will tells the history of the house and the Craigmile family. I don't remember the topics the signs on the main branch lawn. I say all of that to say....if nothing else this needs to be tabled and thought about. Thank you, Debbie Moore 423-715-2254 CITY MANAGER REPORT AND AGENDA REVIEW Mr. Fivas reminded everyone to shop locally to help the local economy. Local businesses are struggling. Also, the application period for the Community Development Block Grant Forgivable Loan Program for Small Businesses will be open August 31-September 21, 2020. He then reviewed today’s agenda. 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 section 7.A.4 of PUD4 Planning Unit Development regarding the buffer requirements for Spring Creek Highlands. (Planning Commission: Approved 8-0; 1 absent). 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 to the amendment. No one spoke. Mayor Brooks declared the public hearing to be closed. p. 920 REGULAR SESSION AUGUST 24, 2020 PAGE -920- MINUTE BOOK 29 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 of the approval of the annual report. 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 the use of the FY2020 Byrne Justice Assistance Grant Award to be received by the Cleveland Police Department. Mayor Brooks asked if anyone would like to speak in favor of the grant. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the grant. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2020-26 - heretofore passed on first reading August 10, 2020 and found in Minute Book 29, Page 899; rezoning 4.46 acres, more or less, located on Humphrey Bridge Rd SW (Tax Map 56 Parcel 79.00 and Tax Map 56K Group A Parcels 1.00, 2.00 and 3.00) from R1 Single Family Residential Zoning District to R2 Low Density Single and Multi-Family Residential District (Planning Commission: Approved 8-0;1 absent). • Final Passage - Zoning Ordinance No: 2020-27 – heretofore passed on first reading August 10, 2020 and found in Minute Book 29, Page 908; zoning of about 2.72 acres located on Nicholson Dr SW and Country Club Dr SW (Tax Map 49O Group B Parcel 28.00) from the unincorporated county to R2 Low Density Single and Family Residential Zoning District (Planning Commission: Approved 8-0; 1 absent). • Final Passage - Zoning Ordinance No: 2020-28 – heretofore passed on first reading August 10, 2020 and found in Minute Book 29, Page 910; rezoning 5.29 acres, more or less, located on Georgetown Rd and Paul Huff Parkway Extension (Tax Map 33F Group B a portion of Parcels 1.00 & 5.00) from CG General Commercial Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). • Final Passage - Zoning Ordinance No: 2020-29 – heretofore passed on first reading August 10, 2020 and found in Minute Book 29, Page 911; rezoning .76 acres, more or less, located at 4665 Fairfield Farm Rd (Tax Map 34O Group A a portion of Parcel 7.00) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District (Planning Commission: Approved 8-0; 1 absent). • Resolution No: 2020-64 - Granting approval to the Board of Public Utilities to institute eminent domain proceedings to acquire an easement for a sewer main project. RESOLUTION NO: 2020-64 WHEREAS, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) is in the process of installing a 15” sewer main in Cleveland to serve property annexed by the City of Cleveland off Hensley RD NW; and WHEREAS, a portion of the new sewer line crosses the property of Brent and Sonya Crago (Tax Map 47-17.0); and WHEREAS, an easement across the referenced parcel is necessary for the completion of this project; and WHEREAS, based upon Cleveland Utilities' discussions with Brent and Sonya Crago, it does not appear that Cleveland Utilities will be able to obtain the necessary easement except througheminent domain proceedings; and p. 921 REGULAR SESSION AUGUST 24, 2020 PAGE -921- MINUTE BOOK 29 WHEREAS, pursuant to Section 2-304(b) of the Cleveland Municipal Code, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) has the right to exercise the rights of eminent domain, in the name of the City of Cleveland, by and with the consent of the City Council; and WHEREAS, the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) passed a resolution at its meeting on August 7, 2020 approving of eminent domain proceedings against Brent and Sonya Crago in order to obtain the necessary easement for the project described herein; and WHEREAS, a copy of the resolution passed by the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) at its meeting on August 7, 2020 is attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Cleveland desires to grant its consent to and approve of eminent domain proceedings against the property owner listed herein by the Board of Public Utilities (Cleveland Utilities) in order to obtain the easement listed herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City Council hereby consents to and grants approval to the Board of Public Utilities of the City of Cleveland (Cleveland Utilities) to institute eminent domain proceedings against the property owner listed herein in order to acquire the easement described herein. BE IT FURTHER RESOLVED that Cleveland Utilities is hereby authorized to institute eminent domain proceedings in order to acquire the easement described herein. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-65 – Authorizing the Mayor to sign a grant application for the 2020 Edward Byrne Grant to be used for in-car camera systems. RESOLUTION NO: 2020-65 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR FY2020 THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY2020 Edward Byrne Memorial Justice Assistance Grant in the amount of $35,670 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. p. 922 REGULAR SESSION AUGUST 24, 2020 PAGE -922- MINUTE BOOK 29 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 24th day of August, 2020. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2020-66 - Authorizing the Mayor to sign an interlocal agreement with Bradley County for the 2020 Byrne Justice Assistance Grant (JAG) Program Award. RESOLUTION NO: 2020-66 WHEREAS, the Cleveland Police department has received notification from the United States Department of Justice, Office of Justice Programs that an Interlocal agreement needs to be executed between the City of Cleveland and Bradley County, Tennessee in connection with grant funds being provided from the 2020 Byrne Justice Assistance Grant (JAG) Program; and WHEREAS, the attached interlocal agreement has been prepared using a template provided by the United States Department of Justice, Office of Justice Programs; and WHEREAS, the City Council desires to enter into the attached interlocal agreement with Bradley County, Tennessee and to further authorize the Mayor to execute the 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 interlocal agreement with Bradley County, Tennessee, 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 • 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. • Bid Extension – Extending the contract with McPherson Physicals for an additional two- year term for employee drug & alcohol testing services. • Surplus Property – Declaring six vehicles as surplus property to be used by the Cleveland Fire Department for training, one forklift and trailer to be sold on GovDeals. • Appointment – Building Board of Adjustment and Appeals – Alan Colloms for a three- year term to expire January 2023. • Street Light Recommendation – Mountain Cove Place NW (Cleveland Utilities recommends the installation of a 60-watt LED decorative fixture and pole at the dead end of the cul-de-sac). The motion to approve the consent agenda was seconded by Councilman Hughes; and upon roll call, unanimously passed. p. 923 REGULAR SESSION AUGUST 24, 2020 PAGE -923- MINUTE BOOK 29 UNFINISHED BUSINESS No unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada stated he would like to get ahead of the traffic in the Freewill Road area and future developments and possibly construct another route from Candies Lane on the other side of the BP station. Mr. Fivas replied staff is looking at alternative roads around the area. We know there will continue to be traffic issues in the Freewill, Villa and Candies Lane corridors. We can expedite possible options for Candies Lane. Councilman Cassada stated yes and this could help with the interstate traffic as well. Secondly, on Inverness and Interlackin Circle, due to the Candies Lane construction, those roads experienced high traffic volume and large trucks. They had some damage and asks that the road be looked at and possible repaved next year. Councilman May stated we previously discussed another route from Stuart Road to Tasso th to 20 Street to APD40. What is the possibility of starting on costs estimates? Mr. Fivas stated we have been looking at design options and the type of route. It is on our list to get an option and then approach the Council for funding options to move forward. Councilman May stated it is extremely important with our current traffic situation. Councilman Hughes stated at Mohawk and Mouse Creek the bushes have blocked the visibility again. He would like Dan Hartman to remove the bushes to help with the site distance. Mr. Fivas stated we can look to see what is in the right-of-way or on private property and what we can do. Councilman Hughes then thanked Beverly Lindsey for another edition of the Cleveland Connector. He then asked for a motion to be added to new business to rename a portion of Parker Street NE from Central Avenue to 20th Street to Paul Conn Parkway. Councilman Webb commended the Cleveland Police Department for going the extra mile working a car accident and helping take care of a visitor and getting him information to help him get back to Massachusetts. Secondly, as of yesterday, we had our first site available for public Wi-Fi. In cooperation with the Chamber of Commerce, the City of Cleveland, IT Director Kris Miller, Gibson Woods Foundation, Public Education Foundation and Jeff Cocks we now have public Wi-Fi available at the Chamber of Commerce outside the building. Vice Mayor Johnson stated he has received a call from Ms. Penny who lives on Julian Drive concerning dumping trash and debris at the corner of 6th Street. The City has cleaned it up but the next day items were dumped again and asked if staff could check it again. Also, Mr. Paul Mathews would still like some signs to slow traffic down on Rolling Hills Drive. Councilman McKenzie made everyone aware that the Joe V. Williams building at Church st and 1 Street will be torn down today. Councilman Estes confirmed with Mr. McKay that we are still on track with refinancing with Davenport. Next, he thanked Chief Gibson for having SRO’s at the school zones to help with traffic in the neighborhoods. Third, he inquired about the departmental monthly reports, particularly the building enforcement division. He then thanked Cathy Andrews for her work on the Cares Act and all the public information going out on it. Lastly, he asked where we were at the bidding process for the 17th/20th Sidewalk Project. Mr. Fivas stated we ready to advertise but are waiting on one final inspection question from TDOT. We are hoping to go in the next couple of weeks. p. 924 REGULAR SESSION AUGUST 24, 2020 PAGE -924- MINUTE BOOK 29 NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: • Ordinance No: 2020-30 – Amending Section 7.A.4 of PUD4 Planned Unit Development regarding the buffer requirements for Spring Creek Highlands (Planning Commission: Approved 8-0; 1 absent). ORDINANCE NO: 2020-30 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO AMEND THE PUD 4 ZONING DISTRICT AS DESCRIBED BY ORDINANCE 2007-21 BY AMENDING THE REQUIREMENTS OF THE BUILDING SETBACKS AND BUFFERS OF SPRING CREEK HIGHLANDS AS OUTLINED IN SECTION 7.A.4. WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and WHEREAS the City zoned certain property as PUD4 by Ordinance 2007-21 which ordinance contains the PUD4 standards for buffering of the proposed Spring Creek Highlands from the adjoining Sullivan Estates; and WHEREAS, at its meeting on July 21, 2020 the Cleveland Municipal Planning Commission recommended changes to PUD 4 sought by the current owner(s) in order to adjust the buffering requirements but preserving the protection of the neighboring Sullivan Estates, and the City Council desires to approve those changes. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED. Section 4, Subsection 7.A.4 of Ordinance Number 2007-21, which established the setbacks and buffering requirements, is hereby replaced with the following language: 7.A.4 Spring Creek Highlands Spring Creek Highlands will maintain a 20-foot minimum setback for all principal structures from the adjoining Sullivan Estates. Other setbacks are to be established by the Cleveland Municipal Planning Commission by designation on the preliminary plat. A minimum 15’ buffer shall be provided along the adjoining Sullivan Estates, including both a row of evergreens and hardwood, consistent the Landscape Plan shown in exhibit A of this ordinance. All trees must be a minimum of 6’ in height and 2’ caliper at the time of planting. Section 2: This Ordinance shall take effect 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 p. 925 REGULAR SESSION AUGUST 24, 2020 PAGE -925- MINUTE BOOK 29 Exhibit Councilman May moved that Zoning Ordinance No: 2020-30 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson. Vice Mayor Johnson then stated he had received a call from Amy Rogers and understands there is a petition against the development. Mr. Fivas replied there are two separate issues with this development. This ordinance is for a buffer amendment. The Planning Commission heard an item to consider a site plan that is likely directed to the petition you mentioned. The Planning Commission delayed that vote for additional information and continued discussion with the residents and the developer. Councilman May stated he had been contacted regarding this item as well. This is supposed to be better than what we promised the adjoining subdivision at the time of development. Mr. Fivas stated yes, it increases the amount of buffering. Councilman Hughes stated Jim Thurman contacted him about buffer concerns and additional traffic in the area. Mr. Fivas stated yes, traffic will be addressed in the new site plan through the work group. We will keep everyone updated as more information is provided. Upon roll call, the motion was unanimously approved. Councilman Estes stated Sunday’s edition of the Cleveland Daily Banner had an editorial calling for a task force for the monument. He would like to know if that is a route the Council would like to take. Vice Mayor Johnson stated he feels we need a task force. There are so many opinions and all the people that have spoken to us, we need to organize them and see if they can reach a consensus. We need the people in agreement and to listen to one another to try to reach an agreement. Councilman Estes stated it is important to deal with the issue raised by the Vice Mayor first, so he requests to table the following motions: • Motion - A motion to rebuild the GAR Memorial to its original design and specifications. The cost of this can come from private donations. I believe the SUV-CW of TN will assist in such per their letter (Requested by Councilman Estes). • Motion - A motion to move the rebuilt GAR Memorial to the north side of the 12x12 piece of property currently holding the Confederate Memorial at 8th and Broad/Ocoee (Requested by Councilman Estes). • Motion - A motion to place a plaque between the two giving initial contextualization and directing the reader to the Historical Branch of the Cleveland/Bradley County Public Library for more (Requested by Councilman Estes). p. 926 REGULAR SESSION AUGUST 24, 2020 PAGE -926- MINUTE BOOK 29 • Motion - A motion to request the Cleveland/Bradley County Public Library to place a permanent exhibit to both monuments in the Historical Branch; and to do so in conjunction with Cleveland and Bradley County's participation in the Civil War (Requested by Councilman Estes). The following Resolution was then presented in full: RESOLUTION NO: 2020-67 WHEREAS, Dr. Paul Conn has served as president of Lee University since 1986; and WHEREAS, during his administration, Lee University has seen significant growth and the physical campus has been substantially enlarged and rebuilt; and WHEREAS, in November 2019, Dr. Conn announced he will transition from president into a new role as Chancellor on August 1, 2020 to advise and support the new president of Lee University; and WHEREAS, the Cleveland City Council wishes to honor Dr. Paul Conn by renaming a portion of a current City street in his honor; and WHEREAS, the section of street to be re-named begins at the intersection of Central Avenue, NE and Parker Street, NE and runs in a generally Northern direction to the point where Parker Street, NE intersects with 20th Street, NE; and WHEREAS, this section of Parker Street, NE, to be re-named passes through the Lee University Campus; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, in regular session assembled, that the City Council does hereby approve of the re-naming of Parker Street, NE, beginning at the intersection of Central Avenue, NE and Parker Street, NE and traveling in a generally Northern direction on Parker Street, NE to the intersection of Parker Street, NE and 20th Street, NE, to honor Dr. Paul Conn. BE IT FURTHER RESOLVED that the aforementioned section of Parker Street, is renamed Paul Conn Parkway. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2020-67 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. [The intent is no address changes except for Lee University.] Vice Mayor Johnson stated we have received so much input regarding the monument and still so many unanswered questions, especially how much authority we have. He feels we are not going to be able to put this to rest and come to an agreement until we all hear the different sides and views. A task force including some of the different organizations that have spoken and even some citizens in opposition can be on it, so we can hear all the different views. It would be a good process for the citizens of Cleveland to go through. He then moved to form a Monument Task Force. The motion was seconded by Councilman Estes. Councilman Estes then asked who would be on the task force. Vice Mayor Johnson replied someone from the NAACP, some Ministers, a representative from Emancipate Cleveland, a Council representative and citizens, possibly from each district. Councilman Cassada made a substitute motion to table the motion p. 927 REGULAR SESSION AUGUST 24, 2020 PAGE -927- MINUTE BOOK 29 for 30 days or until September 28, to work out the details before moving forward. The motion was seconded by Councilman McKenzie. Councilman Estes stated he doesn’t know that this issue will just go away, so we punt for 30 days, and we vote for the task force then. It is important to hash out the mechanics and try to find people to bring consensus. Councilman Cassada stated it is important but doesn’t know if it’s the roll of the City Council to make the appointees since it is on private property. We are getting into areas we don’t have authority. He doesn’t mind parties coming together and working it out, but as Council being involved…he then asked Mr. Kimball about their authority? Mr. Kimball stated you want to make sure, as a City, you don’t run afoul of the Tennessee Heritage Act. Councilman Estes stated that could be a charge to the task force. They need to unite the community, not punt. Councilman Cassada stated he agreed, the task force not the Council. Upon roll call on the substitute motion, Councilman Cassada, Councilman McKenzie and Councilman Estes voted aye. Councilman May, Councilman Hughes, Councilman Webb and Vice Mayor Johnson voted no. The substitute motion failed 4:3. Mayor Brooks stated we are back to the original motion to form a Monument Task Force. Vice Mayor Johnson stated he thinks a task force will give people an opportunity to participate and it could resolve the issue. Councilman Cassada stated he is not against a task force, we just don’t know who will be on it, how we go about the process and we don’t have a plan in place. Mayor Brooks stated if the motion passes today then by the September 14 meeting, we should have parameters, who will serve, who will chair and the tasks and goals of the task force. Upon roll call of the original motion to form a Monument Task Force, Vice Mayor Johnson, Councilman Estes, Councilman Webb and Councilman Cassada voted aye. Councilman McKenzie, Councilman May and Councilman Hughes voted no. The motion carries 4:3. ANNOUNCEMENTS Mayor Brooks announced the September 14 City Council meeting will be held at the Museum Center – 3:00 session only (Presentation of Certificates of Election). There being no future business the meeting was adjourned at 4:00 p.m. _________________________________ __________________________________ Mayor City Clerk