p. 426 REGULAR SESSION JUNE 26, 2017 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JUNE 26, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr. and Richard Banks. Councilman Dale Hughes was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Christy Bryant, Support Services Manager, Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering Services; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Jeff Davis, Personnel Director, Kris Miller, IT Director; Brian Moran, Social Media Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; City School Director Dr. Russell Dyer; Eddie and Jane Rice; Matthew Turner; T.A. Hicks; Mitch Kinder; Martha Ledford; Ben Berry; Lake Mantooth; Shirley Flores; Brad Stuman; Albert and Deanna Shell; Darrell McBryan; Andrew Hunt, Library Director; David Veach; Michael Beavers; Barry Jenkins; James and Shelli Passavant; Jon Sparkman; J. Cwodzinksy; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson the following business was then entered into: Councilman Banks moved to excuse Councilman Dale Hughes from the meeting. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. 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 May 22, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a rezoning request by Development and Engineering Staff for 4.74 acres more or less on Unity Dr and Blythe Ferry Rd NE (Tax Map50C Group D Parcels 15.00, 16.00, 17.00 and 18.00 and Tax Map 50 Parcels 2.00, 3.00 and 4.08) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. Attorney Travis Henry stated he represented a contractor who has an interest in purchasing a portion of the property. This originally was an administrative request. It was discovered that a portion was in a current subdivision, which is zoned R2. The portion his client is looking into is zoned IL. It was brought before administration to change it to R2 to be consistent with the subdivision. There is also a strip that would be a buffer between this development and the current residential area. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the rezoning. Brian Simonson, who is an owner in the subdivision, disagrees with this being consistent with the existing subdivision. It is restricted for single family homes and R2 would allow multi-family. He is opposed for several reasons. One, because it is a single family home subdivision. Two, the surrounding neighborhoods are single family homes as well. They are concerned about serious traffic issues, from Unity to Blythe Ferry Road is already busy. We are afraid values will go down also. He would like to request to postpone the reading and look in to different options, like rezoning the entire subdivision to R1, to truly be consistent of the area. It is a nice community where people have invested their money. Mayor Rowland declared the public hearing to be closed. p. 427 REGULAR SESSION JUNE 26, 2017 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a rezoning request by First Cumberland Presbyterian Church for 20.07 acres more or less on Paul Huff Parkway and Mouse Creek Rd NW (Tax Map 34I Group B Parcel 14.00) from RA Residential Agricultural and R3 High Density Residential Zoning District to PUD13 Planned Unit Development. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. Attorney Travis Henry stated he represented the developer of the property and they are seeking a PUD for mixed use for commercial and residential property. His client has been working with the City to address the traffic concerns at Mouse Creek and Paul Huff Parkway and are willing to convey a portion to help with the widening of Mouse Creek. We recognize there is a traffic problem currently but his client stands to help and corporate with the City the best they can. There will be a buffer zone between the Robin Hood Subdivision. Overall, this is a positive development which will benefit the City and address traffic concerns. Councilman May asked if the developer would use the unopened street of Robin Hood. Mr. Henry replied his client has stated they will not open, or seek to open, either road onto Robin Hood. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the rezoning. Lisa Stanberry stated she is representing her parents who live in Robin Hood. Their main concern is traffic. There was concern about the unopened roads and the number of units, which is 200 in a very tight area. There is a safety concern there. The main access for the development is on Mouse Creek, which would make the residential and commercial all come out onto Mouse Creek. There has been traffic study’s and the reality is the number of cars and stacking lanes. You are only creating enough room to stack a few additional cars. Vice Mayor Johnson stated there will not be additional traffic on Robin Hood. The entire intersection needs to be improved. Ms. Stanberry stated you are just helping the intersection, not downstream. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a rezoning request by the Ellis Family and Steve and Linda Williams for 3.27 acres more or less on Paul Huff Parkway, Ellis Circle and Benton Dr NW (Tax Map 34I Group A Parcel 4.00, 5.00 and 6.00 and Tax Map34I Group B Parcels 11.00 and 64.00) from R3 High Density Residential Zoning District to PUD14 Planned Unit Development. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. Ben Berry with Berry Engineers stated their plan is for a multi-story office building and it seems the entire area is moving in a good direction. Mayor Rowland asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a rezoning request by Steve and Linda Williams for 5.26 acres more or less on Paul Huff Parkway, Peerless Extension and Benton Dr NW (Tax Map34I Group B Parcels 10.00) from R3 High Density Residential Zoning District to PUD15 Planned Unit Development. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning rezoning request by Clarke Taylor and Dee Burris for 3.16 acres more or less on Ellis Circle and Benton Dr NW (Tax Map34I Group B Parcels 12.00, 12.01 and 12.02) from R3 High Density Residential Zoning District to PUD16 Planned Unit Development. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 428 REGULAR SESSION JUNE 26, 2017 PAGE -3- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to Table 3 of the zoning regulations to amend the setbacks and impervious requirements within the residential zoning districts. Mayor Rowland asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 3.9 acres located at 1682 South Lee Hwy and a resolution to adopt a Plan of Service (POS) for the annexation area. Mayor Rowland asked if anyone would like to speak in favor of the annexation and Plan of Service. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the annexation and Plan of Service.