Cleveland City Council

p. 129 REGULAR SESSION MAY 23, 2016 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, MAY 23, 2016 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 Councilmen Charlie McKenzie, Bill Estes, Avery Johnson, David May, Jr., Dale Hughes, Richard Banks and Vice Mayor George Poe. Others in attendance according to the sign-in sheet were as follows: City Manager Janice Casteel; Assistant City Manager Melinda Carroll; Finance Director/City Clerk Shawn McKay; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Beverley Lindsey, Executive Secretary; Christy Bryant, Support Services Manager, Fire Chief Ron Harrison; Jonathan Jobe, Director of Development and Engineering; Public Works Director Tommy Myers; Parks and Recreation Director Patti Petitt; Police Chief Mark Gibson; Mark Fidler, Jetport Manager; Kris Miller, IT Director; Kim Spence, Risk, Safety and Wellness Manger; Ken Webb with Cleveland Utilities; Doug Berry with the Chamber of Commerce; Brian Moran, Social Media; City Reporter Randall Higgins; Pam Edgemon; Larry Wallace; Larry Bryant; Bethany McCoy with Lee University; Sharon Marr with Mainstreet Cleveland; Adam Jones; Sherry Brown; John Creed; Doug Caywood; Mary Baier; Keith Barrett; Roger Jenne; Jerry Ward; Max Phillips; Tom Cassada; George McCoin; Joyanna Love and Jordan Hensley with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Adam Jones, the following business was then entered into: WAIVE READING OF MINUTES Councilman 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 9, 2016 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 Representative Kevin Brooks and the State of Tennessee have elected to name a portion of 25th Street after Officer Justin Maples, which was dedicated last Friday. Also, at that time signs were presented to the Maple Family. Mayor Rowland stated a letter has been received from Larry and Brenda Degata requesting final passage of Ordinance 2016-17 be delayed until June 27 so their attorney Barry Abbott has a chance to review the information. The item was removed from today’s agenda. Larry Wallace updated the City Council on the background checks for the City Manager candidates. He met with many people and will have a combined report on May 31. Councilman Estes asked about the timeline and rescheduling the June 13 Council meeting so not to lose time. Mr. Wallace stated information from Mr. Mercer should also be available on May 31 and the City Council should set their interviews thereafter. Councilman Banks stated it’s important to reaffirm the process, hiring a national search firm which generated 63 applicants that were reviewed by the Committee and narrowed to five with 2 alternates. Mr. Wallace has been to the communities and talked with several people. Councilman Banks then stated he would like to meet with Mr. Wallace separately to discuss his findings. Councilman Johnson stated he feels we should meet as a group not individually, so we all hear the same thing at the same time. Vice Mayor Poe stated he feels one on one would be the best to get a better feel. Councilman Banks then continued we have done criminal background checks, credit and social media checks, talked to people who know these candidates and not necessarily their references, except for the lady from California. Mr. Wallace stated he has had extensive discussions with her and she realizes he can’t make the trip. She has been very helpful and has had several phone interviews. Councilman Banks feels we need to interview quickly so we don’t lose them and they should come here, at their expense. Councilman Estes stated in his opinion if you watch the committee interviews you don’t have to interview them all. Mr. Wallace stated he felt the group would come at their own expense but it has not been discussed. Councilman May asked if it could be p. 130 REGULAR SESSION MAY 23, 2016 PAGE -2- MINUTE BOOK 28 narrowed down to two and we pay expenses. Councilman Banks stated he can’t at this point because he wants to make sure the successor can put a budget together. We should take the time to talk to each of them. Councilman Estes asked interviews the first full week of June? Councilman Hughes stated personally, he can eliminate the lady from California without any problem. Councilman Johnson stated she is very familiar with the area and we shouldn’t eliminate someone because of where they are from, if they are willing to come here. Councilman Hughes stated he understood she wasn’t willing to come here. Mayor Rowland stated before interviews we should receive reports from Mr. Wallace and Mr. Mercer, which could possibly eliminate someone. Roger Jenne stated you can always schedule the interviews then after you receive the reports cancel them. He then stated the committee felt the lady from California was very qualified and voted unanimously to present her to you. If you met her you might have a change of heart. We lost our top pick because of time and they took another position and it’s possible to lose more if we don’t move quickly. Councilman Estes stated the Council should meet at least on the 15th or 16th. We could interview June 6, 7 and 8. Vice Mayor Poe stated he was very disappointed in the committee, they worked hard but doesn’t understand why they didn’t consider anybody from the local level. The last two City Managers were local and did an outstanding job. That was his disappointment from the whole process. Councilman Estes stated he hopes no potential candidate would listen to what Vice Mayor Poe is saying. Roger Jenne stated the charge of the committee was to come up with the most qualified candidates for the position without regard to favor whether local, politics, friendships or relatives. We developed, with MTAS a very objective scoring criteria based on education, work experience, professional development and experience in this kind of community and each member of the committee independently scored the applicants. The scores were then combined. It would have made him really happy if a local candidate had possessed the education, training and work experience to take on this important position to take the community to a higher level. Based on the objective criteria that didn’t happen. You wanted the best candidates and that’s what you got. Vice Mayor Poe stated he still feels one main thing when he took a commitment 18 years ago when he ran for office is that he would try to buy things local and hire local, if possible. He has tried to stick to that commitment. Councilman Estes stated when we make irresponsible comments we poison the well going forward and hopes the candidates see us as a progressive board going forward. Mayor Rowland stated June 6, 7 and 8 at 3:00 and 4:15 will be the days interview will be scheduled and can be adjusted to the candidate’s schedules and a notice will be published. Mayor Rowland then stated the June 13 meeting will be rescheduled to June 16 for the 3:00 session only. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2017 Budget. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the budget. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the budget. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by the property owner to rezone 2.0 acres described as a portion of the west side of Blythe Ave SE between 18th St SE and 20th St SE from IH Heavy Industrial to MU Mixed Use Zoning District. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of 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 request by the property owner to rezone 2.2 acres described as a city block, bounded by 1st St NW on the north, Worth St NW on the east, Inman St on the south and Oak St NW on the west, from MU Mixed Use Zoning District to CBD Central Business District Zoning District. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 131 REGULAR SESSION MAY 23, 2016 PAGE -3- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 1.5 acres located at 3581 Cove Lake Dr and a resolution to adopt a Plan of Service (POS) for the annexation area. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the annexation and plan of service. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the annexation and plan of service. 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 the zoning of about 1.5 acres located at 3581 Cove Lake Dr from the unincorporated county to R1 Single Family Residential Zoning District. The City Clerk then read the notice of the public hearing. Mayor Rowland asked if anyone would like to speak in favor of the approval of the zoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the zoning. No one spoke. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the items on the consent agenda.  Final Passage - Ordinance No: 2016-14 – heretofore passed on first reading May 9, 2016 and found in Minute Book 28, Page 114; amending Title 4, Chapter 2 Sections 4- 203 and 4-208 of the Municipal Code relating to Occupational Safety and Health.  Final Passage - Ordinance No: 2016-15 – heretofore passed on first reading May 9, 2016 and found in Minute Book 28, Page 116; adopting the FY2017 Budget.  Final Passage - Ordinance No: 2016-16 – heretofore passed on first reading May 9, 2016 and found in Minute Book 28, Page 120; adopting the 2016 Tax Rate for FY2017 ($1.7655).  Resolution No: 2016-44 – Approving the FY2017 Appropriations. RESOLUTION NO: 2016-44 CITY OF CLEVELAND APPROPRIATION RESOLUTION WHEREAS, the City of Cleveland recognizes that its citizens have various needs which must be addressed; and WHEREAS, the municipal government has neither the expertise or manpower to assist its citizens with all their special needs; and WHEREAS, several not-for-profit organizations have been established over the years to help the citizens with their special needs; and WHEREAS, the enclosed organizations have demonstrated, through their financial statements and by reputation, to be of service in enhancing the quality of life in this area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that these contributions be made for FY 2016-2017: Adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 132 REGULAR SESSION MAY 23, 2016 PAGE -4- MINUTE BOOK 28  Resolution No: 2016-45 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Electric System. RESOLUTION NO: 2016-45 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S ELECTRIC SYSTEM WHEREAS, section 7-52-304 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of an electric system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the electric system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the electric system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-52-304; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; p. 133 REGULAR SESSION MAY 23, 2016 PAGE -5- MINUTE BOOK 28 Section 1. The Cleveland Utilities Board electric system is hereby directed to pay to the City of Cleveland $1,912,477 in tax equivalents for FY2017. Section 2. This resolution shall become effective July 1, 2016 the public welfare requiring it. Adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-46 - Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Water System. RESOLUTION NO: 2016-46 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a water system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the water system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board water and wastewater system is hereby directed to pay to the City of Cleveland $225,146 in tax equivalents for FY2017. Section 2. This resolution shall become effective July 1, 2016 the public welfare requiring it. Adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-47 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Wastewater System. p. 134 REGULAR SESSION MAY 23, 2016 PAGE -6- MINUTE BOOK 28 RESOLUTION NO: 2016-47 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WASTEWATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a wastewater system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the wastewater system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board wastewater system is hereby directed to pay to the City of Cleveland $206,000 in tax equivalents for FY2017. Section 2. This resolution shall become effective July 1, 2016 the public welfare requiring it. Adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-48 – Regarding the Cleveland City Schools Federal Project Fund. RESOLUTION NO: 2016-48 A RESOLUTION REGARDING THE CLEVELAND CITY SCHOOLS FEDERAL PROJECT FUND THAT WHEREAS, the Cleveland City Schools receive monies from the federal government to assist with the educational programs of the local school system; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in regular session assembled this 23rd day of May, 2016, as follows: Section 1. That the Cleveland City Schools General Fund is hereby approved, and the budget for the Cleveland City Schools Federal Project Fund shall be the budget for the separate projects approved within the fund by the Tennessee Department of Education and for the No Child Left Behind projects as approved by the Cleveland Board of Education. p. 135 REGULAR SESSION MAY 23, 2016 PAGE -7- MINUTE BOOK 28 Section 2. That a certified copy of this Resolution shall be furnished to the Director of Schools to forward to the Tennessee Department of Education as proof of compliance with its regulations regarding federal project funds. Section 3. That this Resolution shall be and remain in full force and effect from and after its date of adoption. Passed and adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-49 - Annual Review of the City’s Debt Management Policy. RESOLUTION NO: 2016-49 A RESOLUTION AMENDING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CLEVELAND WHEREAS, the Tennessee Comptroller of the Treasury issued provisions regarding the establishment of a debt management policy; and WHEREAS, the Comptroller’s provisions require that cities annually review its debt management policy; and WHEREAS, the City of Cleveland adopted its Debt Management Policy on November 14, 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Manager, Finance Director, and the Mayor and City Council have reviewed the City of Cleveland Debt Management Policy and do not recommend any changes to the policy at this time. The City’s Debt Management Policy will be reviewed annually during the budget process, which process allows public input. Approved the 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-50 – Authorizing the Mayor to sign a letter of engagement and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall to audit accounts of the City of Cleveland for the period July 1, 2015 through June 30, 2016. RESOLUTION NO: 2016-50 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH ARNETT, KIRKSEY, KIMSEY, SULLIVAN, LAY & HALL, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE p. 136 REGULAR SESSION MAY 23, 2016 PAGE -8- MINUTE BOOK 28 WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, to audit the accounts for the period from July 1, 2015, through June 30, 2016, with a fee of $49,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. [On file in the City Clerk’s Office.] Adopted this 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-51 – Reaffirming the City’s commitment to the Veteran’s Home project. RESOLUTION NO: 2016-51 WHEREAS, the City Council of the City of Cleveland, Tennessee, passed Resolution No. 2009- 38, on April 13, 2009, expressing the intent of the City of Cleveland to jointly participate with Bradley County to fund a Veterans Home in Bradley County with the City and Council each committing $2,010,010 for this project; and WHEREAS, the City Council of the City of Cleveland, Tennessee reaffirmed its commitment to the project with the passage of Resolution No: 2012-89 and a motion on July 14, 2014; and WHEREAS, the State of Tennessee has requested that the City Council pass a resolution re- affirming its commitment to the project and to add a specific expiration date to the commitment; and WHEREAS, the City Council desires to reaffirm the content of Resolution No: 2009-38 and Resolution No: 2012-89, and a motion on July 14, 2014 in all respects; and WHEREAS, as requested by the State of Tennessee, the City Council desires to adopt a new resolution to reaffirm its commitment to the project and to add an expiration date of September 1, 2018, for its pledge for the construction of the Veterans Home to be located in Bradley County. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cleveland, Tennessee, in regular session assembled, hereby reaffirms the content of Resolution No. 2009-38 and Resolution No: 2012-89, and a motion on July 14, 2014, and as requested by the State of Tennessee, and hereby adds an expiration date of September 1, 2018, to the commitment. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to send a letter to the State reaffirming the City’s commitment to the project. p. 137 REGULAR SESSION MAY 23, 2016 PAGE -9- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Resolution No: 2016-52 – Authorizing the Mayor to enter into a contract to accept funds from the Lyndhurst Foundation as a part of the “Thriving Communities Initiative” program. RESOLUTION NO: 2016-52 RESOLUTION TO ENTER INTO A CONTRACT TO ACCEPT FUNDS FROM THE LYNDHURST FOUNDATION AS A PART OF THE “THRIVING COMMUNITIES INITIATIVE” PROGRAM WHEREAS, Lyndhurst Foundation has supported THRIVE 2055 as a regional planning initiative; and WHEREAS, “Thriving Communities Initiative” was launched subsequent to the planning study as a way to implement the findings of the plan with goals to 1) Build regional identity, 2) Build strong networks with deep appreciation for arts & culture, 3) Design locally driven asset based vibrancy strategies leveraging arts and culture and 4) Projects are positioned for implementation success; and WHEREAS, a community team from the City of Cleveland was one of 8 communities selected to participate in the “Thriving Communities Initiative” with Mainstreet Cleveland as the sponsoring not for profit and was challenged with a task of finding innovative ways to “utilize arts and culture assets to create community vibrancy and economic growth”; and WHEREAS, the community team representing Cleveland represented a collaborative partnership consisting of representatives of the City Planning Office, Chamber of Commerce and Museum Center at 5ive Points; and WHEREAS, the team worked with Bridge Innovate, a global team of business innovation consultants, to analyze existing and potential local assets which lead to the development a three year strategy “to be known as an emerging arts, culture and innovation district within downtown Cleveland”; and WHEREAS, the first new project to implement the three year strategy was the creation of Cleveland’s “Back Alley Galleries”, a transformation of underutilized alleys in downtown Cleveland into works of art which are displayed in unobtrusive ways to encourage visitors and citizens to explore downtown ; and WHEREAS, the Cleveland team has been proposed to be awarded $20,000 toward the implementation of the “Back Alley Galleries” project; and WHEREAS, Mainstreet Cleveland is not a tax-exempt organization and the Lyndhurst Foundation has determined that the City of Cleveland can act as an acceptable fiduciary agent while Mainstreet leads in the administration of the “Back Alley Gallery” project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby: p. 138 REGULAR SESSION MAY 23, 2016 PAGE -10- MINUTE BOOK 28 1. Authorize the Mayor to sign a contract on behalf of the City of Cleveland with the Lyndhurst Foundation. 2. Request staff work with Mainstreet Cleveland in the development of the “Back Alley Galleries” project. 3. Request that staff work within the guidelines of the program and coordinate additional resources which can be leveraged to support the success of the program. Approved this 23rd day of May 2016 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk  Motion – Designating Depositories for the City of Cleveland.  Surplus Property – Declaring 6 VHS Mobile Radios as surplus property and donating to Cleveland State Community College Police Academy. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: May 18, 2016 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following items surplus for the Police Department and to be donated to Cleveland State Community College Police Academy: 6 – VHS Mobile Radios The City is currently utilizing dual band radios, not VHF. The director of the police academy will provide at no charge to the City of Cleveland one week of instructor development training for supervisors for the donation of these radios. p. 139 REGULAR SESSION MAY 23, 2016 PAGE -11- MINUTE BOOK 28  Surplus Property – Declaring certain vehicles from the Police Department as surplus property and to be sold on Govdeals.com. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: May 18, 2016 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following items surplus for the Police Department and to be sold on GovDeals:  1997 CHEVROLET LUMINA - Vin #2G1WL52M1V9204794 - $500  1998 CHEVROLET MALIBU – Vin #1G1NE52M6W6209813 - $500  1983 CHEVROLET G-20 – Vin #1GCDG15H2D7173002 - $500  1988 CHEVROLET P30 - Vin #1GBJ6T1E5JV119198 - $3,500  1996 JEEP CHEROKEE – Vin #1J4FJ68S3TL288223 - $750 These items will be placed on Govdeals with minimum bids.  Bid Report – Street Striping BID SUMMARY STREET STRIPING May 18, 2016 VENDOR AMOUNT 1. Superior Pavement Unit price - _.05 per l.f._ Knoxville, TN 2. Volunteer Highway Supply, Inc. Knoxville, TN Unit price - _.055 per l.f. _ Recommendation is to accept the unit price of $0.05 per l.f. from Superior Pavement of Knoxville, TN. Committee Recommendation: Superior Pavement Assistant City Manager’s Approval: Melinda B. Carroll Department Head's Approval: Tommy Myers  Reappointment – Mechanical Board – Randy Howard for an additional 2-year term to expire March 2018.  Reappointment – Mechanical Board – Charles Gentry for an additional 2-year term to expire March 2018.  Reappointment – Mechanical Board – Barry Savage for an additional 2-year term to expire March 2018.  Reappointment – Mechanical Board – Mark Woods for an additional 2-year term to expire March 2018.  Reappointment – Mechanical Board – Dennis Norman for an additional 2-year term to expire March 2018. p. 140 REGULAR SESSION MAY 23, 2016 PAGE -12- MINUTE BOOK 28  Reappointment – Mechanical Board – Dennis Epperson for an additional 2-year term to expire March 2018.  Reappointment – Mechanical Board – Luke Thomason for an additional 2-year term to expire March 2018.  Reappointment – Cleveland Utility Board – Eddie Cartwright for an additional 4- year term to expire July 2020.  Reappointment – Animal Shelter Board – Dr. Jim Lane for an additional 3-year term to expire April 2019 Vice Mayor Poe moved to approve the Consent Agenda. The motion was seconded by Councilman Hughes; and upon roll call, the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Rowland stated he is appointing Bill Hamilton to the Planning Commission to fill the term of Yvonne Cannon. Councilman Banks asked that the drainage cover near the 13th Street alleyway to be looked at because a mud hole has formed. Also, the side street near there needs a little asphalt, if there’s any extra. He then complimented Jonathan Jobe and the Planning Department for the flood study work. The Army Corps has identified 39 sites and is still disappointed Bradley County didn’t participate in the study. A lot of the water originates outside the city limits and it would’ve been an effective study if they had participated. He continued he is glad that Mainstreet is meeting with Mr. Moore and hopefully a resolution will be reached. He then asked City Attorney John Kimball about gifting city owned property to a non-profit and then they sold it to another individual. Mr. Kimball responded they have quite a bit of discretion on how to dispose of real property. Typically, if its property you say you don’t need for a government purpose but has value you put it up for sale, through sealed bids or an auction. However, you have the ability legally to give the property for a public purpose. Councilman Banks stated for public perception if we gift it but a deal was already cut to sell it to a private individual, without public notice and knowledge does that somehow fly in the face of putting it out there like you generally do when you sell property. Mr. Kimball responded if they have reached an agreement to use it for a public purpose to enhance downtown redevelopment. You would put that in the documentation or in a commitment of deed so it would be done for that purpose. Councilman McKenzie stated at the next meeting we need to have all the paperwork and finalize what we are going to do with the Moore building. Councilman Estes stated when the Army Corps specific reports come in he would a pdf copy emailed to him. Secondly, he asked that Ms. Carroll speak with Chief Harrison and Chief Gibson regarding the V800 radio system and how they feel about it and what they think is best for the City. Councilman Estes then stated this is Ms. Casteel’s last meeting. He thanked her for her service, her integrity, guidance, her friendship, her concern for all citizens and the way she has carried herself in difficult situations and congratulations on her retirement. Councilman Banks asked to clarify the City Council elections and how they run on staggered terms. Councilman McKenzie, Estes, Mayor Rowland and himself are not running in this election but will in 2018. The election this August will be for Councilman May, which is unopposed, Councilman Hughes, who has an opponent Mary Baier, District 3 has several candidates, Tom Cassada, Pam Edgemon, Larry Bryant and Michael Plumley, and Vice Mayor Poe has two opponents, Avery Johnson and Jonathan Porter. p. 141 REGULAR SESSION MAY 23, 2016 PAGE -13- MINUTE BOOK 28 Councilman Johnson stated he appreciates Janice Casteel and has enjoyed working with her over the years. It has been a joy and knowing we have someone who sincerely cares about everyone. She has a passion for her job and is very respectful. He congratulated her on her retirement and wished her well. Councilman May thanked Janice Casteel for her 42 years of service. She will be missed and hopes she enjoys her retirement and spending more time with the grandkids. Councilman Hughes appreciates the work done by Chief Gibson and his officers, the Codes Enforcement Officers Joel Prince and Criss Caywood for their work on Forestview Drive. He continued that if he ever needed information from Janice Casteel he always got an immediate response. He thanked her for her service. Ms. Casteel responded we have great staff so it’s easy to gather information quickly. Councilman Hughes then recognized a former teacher of his, Diana Calfee. He also thanked her for her service. Councilman May moved to declare Janice Casteel’s cellphone and computer as surplus property and be awarded to her. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2016-18 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2015-2016 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2015-2016 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 142 REGULAR SESSION MAY 23, 2016 PAGE -14- MINUTE BOOK 28 p. 143 REGULAR SESSION MAY 23, 2016 PAGE -15- MINUTE BOOK 28 p. 144 REGULAR SESSION MAY 23, 2016 PAGE -16- MINUTE BOOK 28 Councilman Johnson moved that Ordinance No: 2016-18 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: Zoning Ordinance No: 2016-19 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 IH Heavy Industrial to MU Mixed Use Zoning District. Approximately 2.0 acres, more or less, located at Blythe Ave SE as shown on the attached map. For reference, also being shown on Tax Map 57K Group F Parcels 5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, 13.00 & 14.00 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 Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 145 REGULAR SESSION MAY 23, 2016 PAGE -17- MINUTE BOOK 28 Exhibit Vice Mayor Poe moved that Ordinance No: 2016-19 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: Zoning Ordinance No: 2016-20 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 MU Mixed Use Zoning District to CBD Central Business District Zoning District. Approximately 2.2 acres, more or less, located at Inman St, 1st St NW, Oak St NW and Worth St NW as shown on the attached map. For reference, also being shown on Tax Map 49N Group J Parcels 7.00, 8.00, 8.01, 8.02, 9.00, 10.00, 11.00, 12.00, 12.01, 13.00, 14.00, 15.00, 17.00 & 18.00 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 Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit p. 146 REGULAR SESSION MAY 23, 2016 PAGE -18- MINUTE BOOK 28 Councilman Estes moved that Ordinance No: 2016-20 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-53 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 3581 COVE LAKE DR NW WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on May 23, 2016 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at the southeast corner of the lands of Brian and Carrie Workman, as recorded in BCROD deed book 1432 page 244; thence north 65 degrees 53 minutes 3 seconds west, 181.78 feet to an iron pin; thence north 29 degrees 17 minutes 51 seconds east, 59.83 feet to an iron pin; thence north 35 degrees 49 minutes 00 seconds east, 115.02 feet to an iron pin; thence north 30 degrees 50 minutes 48 seconds east, 125.62 feet to an iron pin; thence south 85 degrees 28 minutes 44 seconds east, 146.40 feet to an iron pin; thence with the ROW of Cove Lake Drive along a right handed curve R=40’ L=105.61’ to an iron pin located in the ROW of Cove Lake Drive; thence south 72 degrees 29 minutes 41 seconds east, 60 feet, more or less, to a point where the ROW of Cove Lake Drive intersects the existing City Limits; thence with the existing City Limits in a southerly direction 120 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Workman; thence south 67 degrees 3 minutes 43 seconds west, 160 feet, more or less, to an iron pin; thence south 26 degrees 28 minutes 51 seconds West, 132.10 to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. p. 147 REGULAR SESSION MAY 23, 2016 PAGE -19- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk APRIL 15, 2016 3581 COVE LAKE DRIVE ANNEXATION ANALYSIS CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 1.49 acres located at 3581 Cove Lake Dr NW as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2016. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by ordinance. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. 3581 Cove Lake Dr NW p. 148 REGULAR SESSION MAY 23, 2016 PAGE -20- MINUTE BOOK 28 Legal Description Beginning at the southeast corner of the lands of Brian and Carrie Workman, as recorded in BCROD deed book 1432 page 244; thence north 65 degrees 53 minutes 3 seconds west, 181.78 feet to an iron pin; thence north 29 degrees 17 minutes 51 seconds east, 59.83 feet to an iron pin; thence north 35 degrees 49 minutes 00 seconds east, 115.02 feet to an iron pin; thence north 30 degrees 50 minutes 48 seconds east, 125.62 feet to an iron pin; thence south 85 degrees 28 minutes 44 seconds east, 146.40 feet to an iron pin; thence with the ROW of Cove Lake Drive along a right handed curve R=40’ L=105.61’ to an iron pin located in the ROW of Cove Lake Drive; thence south 72 degrees 29 minutes 41 seconds east, 60 feet, more or less, to a point where the ROW of Cove Lake Drive intersects the existing City Limits; thence with the existing City Limits in a southerly direction 120 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Workman; thence south 67 degrees 3 minutes 43 seconds west, 160 feet, more or less, to an iron pin; thence south 26 degrees 28 minutes 51 seconds West, 132.10 to the point of beginning. Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection This annexation would be serviced immediately by CFD Engine Five with an approximate four minute response time. It will be serviced from Station Five on Freewill Rd. 3. Domestic Water and Sanitary Sewer Service. This property is already a water and sewer customer of Cleveland Utilities Water and Wastewater Division. No improvements are necessary due to this annexation. 4. Electric Service This property is already located within Cleveland Utilities’ Electric service area and therefore it would not require any annexation reimbursement payments to Volunteer Energy. Street lighting is already in place. No impact is expected. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. p. 149 REGULAR SESSION MAY 23, 2016 PAGE -21- MINUTE BOOK 28 b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools The annexation of this area would have minimal impact on the school system. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended all of the properties be zoned R1 Single Family Residential as its post-annexation zoning. p. 150 REGULAR SESSION MAY 23, 2016 PAGE -22- MINUTE BOOK 28 C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation will add approximately 6 residents to the 3rd City Council District as it is currently used. Revenue The current total appraised property value for this area is about $459,200. The total assessed value is $114,800. The property tax generated from this area would be about $2,026.79 a year. With 6 residents in the home and the current state shared appropriation is $115.75 per resident. This would result in approximately $694.50 a year. The monthly stormwater utility fee for this property will be $4.88 per month which results in $58.56 per year. The approximate revenue generated as a result of this annexation at the time of annexation would be about $2,779.85. Vice Mayor Poe moved that Resolution No: 2016-53 be accepted as presented. The motion was seconded by Councilman Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-54 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE 3581 COVE LAKE DR WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and p. 151 REGULAR SESSION MAY 23, 2016 PAGE -23- MINUTE BOOK 28 WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on May 23, 2016. NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at the southeast corner of the lands of Brian and Carrie Workman, as recorded in BCROD deed book 1432 page 244; thence north 65 degrees 53 minutes 3 seconds west, 181.78 feet to an iron pin; thence north 29 degrees 17 minutes 51 seconds east, 59.83 feet to an iron pin; thence north 35 degrees 49 minutes 00 seconds east, 115.02 feet to an iron pin; thence north 30 degrees 50 minutes 48 seconds east, 125.62 feet to an iron pin; thence south 85 degrees 28 minutes 44 seconds east, 146.40 feet to an iron pin; thence with the ROW of Cove Lake Drive along a right handed curve R=40’ L=105.61’ to an iron pin located in the ROW of Cove Lake Drive; thence south 72 degrees 29 minutes 41 seconds east, 60 feet, more or less, to a point where the ROW of Cove Lake Drive intersects the existing City Limits; thence with the existing City Limits in a southerly direction 120 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Workman; thence south 67 degrees 3 minutes 43 seconds west, 160 feet, more or less, to an iron pin; thence south 26 degrees 28 minutes 51 seconds West, 132.10 to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. p. 152 REGULAR SESSION MAY 23, 2016 PAGE -24- MINUTE BOOK 28 EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-54 be accepted as presented. The motion was seconded by Vice Mayor Poe; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-21 AN ORDINANCE TO ZONE THE “3581 COVE LAKE DR ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 23th day of May, 2016 a notice thereof published in the Cleveland Daily Banner on May 8, 2016 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution 2016-53; and, WHEREAS, this property was annexed by Resolution 2016-54; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. 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, zoned from FAR Forestry/Agricultural/Residential within the unincorporated County to R1 Single Family Residential within the corporate limits of the City of Cleveland. Section 2. The property described in Exhibit “A” shall be zoned in accordance with the zoning plan described in Exhibit “B”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 153 REGULAR SESSION MAY 23, 2016 PAGE -25- MINUTE BOOK 28 Exhibit A Exhibit B Legal Description Beginning at the southeast corner of the lands of Brian and Carrie Workman, as recorded in BCROD deed book 1432 page 244; thence north 65 degrees 53 minutes 3 seconds west, 181.78 feet to an iron pin; thence north 29 degrees 17 minutes 51 seconds east, 59.83 feet to an iron pin; thence north 35 degrees 49 minutes 00 seconds east, 115.02 feet to an iron pin; thence north 30 degrees 50 minutes 48 seconds east, 125.62 feet to an iron pin; thence south 85 degrees 28 minutes 44 seconds east, 146.40 feet to an iron pin; thence with the ROW of Cove Lake Drive along a right handed curve R=40’ L=105.61’ to an iron pin located in the ROW of Cove Lake Drive; thence south 72 degrees 29 minutes 41 seconds east, 60 feet, more or less, to a point where the ROW of Cove Lake Drive intersects the existing City Limits; thence with the existing City Limits in a southerly direction 120 feet, more or less, to a point where the existing City Limits intersects the eastern line of the lands of Workman; thence south 67 degrees 3 minutes 43 seconds west, 160 feet, more or less, to an iron pin; thence south 26 degrees 28 minutes 51 seconds West, 132.10 to the point of beginning. Councilman Hughes moved that Ordinance No: 2016-21 be voted for passage on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following change order was then presented: MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: May 4, 2016 SUBJECT: Change Order #2 - Stuart Road Project Change Order #2 was submitted and approved by TDOT for asphalt overage on the project. This change order totaled $87,828.40. The amended contract amount was $984,713.66. The new contract amount will be $1,072,542.06. The City’s share of the $87,828.40 will be $17,565.68, which is 20%. Councilman Estes moved to approve change order #2 for the Stuart Road project. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Councilman Johnson moved to approve the sewer extension for Bellingham Subdivision Phase 2, which was on the previously approved list from September 23, 2013. The motion was seconded by Vice Mayor Poe; and upon roll call, unanimously passed. p. 154 REGULAR SESSION MAY 23, 2016 PAGE -26- MINUTE BOOK 28 The following Resolution was then presented in full: RESOLUTION NO: 2016-55 WHEREAS, Section 18-114(4) of the Cleveland Municipal Code provides: (1) Notwithstanding the provisions of sections 18-114 (1) through (3), or any other ordinance of the City, if the City Council determines, based on a review by Cleveland Utilities and City staff, that extension of sewer or sewer connection outside of the city limits is appropriate for reasons of practical system design, environmental necessity, or economic benefit to the citizens of Cleveland, the City Council may approve such extension or connection or approve it with conditions. WHEREAS, Section 18-114(4) of the Cleveland Municipal Code allows sewer service to be extended for Olin’s Charleston Plant located at 1186 Old Lower River Road, NW Charleston, TN 37310 (Tax I.D. Number 010 Parcel 009.00); and WHEREAS, Olin uses a package plant for sanitary treatment, and that facility needs to be replaced; and WHEREAS, the City Council desires to pass this Resolution, pursuant to Section 18-114(4) of the Cleveland Municipal Code, to authorize sewer service to be extended to this parcel. 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 extension of sewer service to the parcel located at 1186 Old Lower River Road, NW Charleston, TN 37310 (Tax I.D. Number 010 Parcel 009.00). This 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2016-55 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-56 WHEREAS, the City is in the process of constructing the Ocoee Greenway Connector from Tinsley Park to North Ocoee Street; and WHEREAS, the City’s construction of the Greenway is funded, in part, by a grant through the Tennessee Department of Transportation, which project is generally identified as TDOT PIN Number 118516.00 (hereafter “the Project”); and WHEREAS, as part of this project lighting will be installed along this segment of Greenway; and WHEREAS, Cleveland Utilities has agreed to install the lighting for the City; and p. 155 REGULAR SESSION MAY 23, 2016 PAGE -27- MINUTE BOOK 28 WHEREAS, based upon estimates presented to the City by Cleveland Utilities, the total estimated cost for the lighting along this segment of the Greenway is $135,003.47; and WHEREAS, because the Project is funded in part by grant funds through the Tennessee Department of Transportation, the agreement between the City and Cleveland Utilities is required to be in writing; and WHEREAS, the City Council desires to enter into the attached agreement with Cleveland Utilities, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with Cleveland Utilities, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 23rd day of May, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2016-56 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Hughes stated the committee has meet three times and has a large time planned for Janice Casteel. He encouraged everyone to attend to give Janice a good farewell. Councilman Banks stated he would like the Department Heads to come up with something in the future to honor Janice Casteel for her years of service, whether a section of the Greenway or possibly a new Municipal Building. ANNOUNCEMENTS  Ribbon cutting for Dog Park – May 27th @ 10 a.m.  City Offices will be closed on Monday, May 30th in observance of the Memorial Day Holiday.  Celebration in honor of City Manager Casteel’s retirement May 31st from 3:30 – 6:30 at the Museum Center  The June 13, 2016 Council meeting will be held on June 16th at 3:00 only. (Due to the TML Conference) There being no future business the meeting was adjourned at 4:05 p.m. _________________________________ ______________________________ Mayor City Clerk