Cleveland City Council

p. 206 REGULAR SESSION AUGUST 8, 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, AUGUST 8, 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 and Richard Banks. Vice Mayor George Poe was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: Interim City Manager Melinda Carroll; Assistant City Manager/CFO Shawn McKay; City Attorney John Kimball; Sue Zius, Assistant to the Mayor/Legislative Liaison; Christy Bryant, Support Services Manager, Beverley Lindsey, Executive Secretary II Fire Chief Ron Harrison; Bryant Turner, Building Official; Tommy Myers, Director of Public Works; Assistant Parks and Recreation Director Dan Hartman; Police Chief Mark Gibson; Dustin Roberts, Network Administrator; Brian Moran, Social Media; Tim Henderson and Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Doug Berry with the Chamber of Commerce; Smit and Dipen Patel; Frank Thaggard; Curtis Harrington; Krista McKay; Mike Callaway; Taylor DeVane; Tom Cate; School Board Members Tom Cloud, George Meacham, Dawn Robertson, Charlie Cogdill and Peggy Pesterfield; Hal Taylor; School Director Dr. Russell Dyer; Mike Callaway; Andrew Johnson; Wayne Henderson; Joyanna Love with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Councilman Johnson, the following business was then entered into: Mayor Rowland congratulated Councilmen Johnson, May and Hughes on their recent re- election to the City Council. 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 July 25, 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 today’s meeting is being held as a public hearing to hear public comments concerning use of the 2016 Edward Byrne Grant to be received by the Cleveland Police Department. Mayor Rowland asked if anyone would like to speak concerning the use of the grant. 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 0.52 acres located on Tasso Lane and a resolution to adopt a Plan of Service for the annexation area. 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 0.52 acres located on Tasso Lane from the unincorporated county into a Planning Unit Development (PUD12) Zoning District. 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. p. 207 REGULAR SESSION AUGUST 8, 2016 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to section 2.21.4 of the zoning regulations to amend the requirements for Planning Commission approval of uses within the Inman Street East Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the amendment. 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: 2016-28 – heretofore passed on first reading July 25, 2016 and found in Minute Book 28, Page 204; amending Title 5, Chapter 4, Section 5-401 to reflect the powers and duties of the purchasing agent is under the general supervision of the City Manager. • Resolution No: 2016-75– Authorizing the Mayor to submit an application for a Safety Partners grant through The Pool ($6,000; 50% city match). RESOLUTION NO: 2016-75 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE POOL’S “SAFETY PARTNERS” MATCHING GRANT PROGRAM. ************************************************************************ WHEREAS, the safety and well being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, The Pool seeks to encourage the establishment of a safe workplace by offering a “Safety Partners” Matching Grant program; and WHEREAS, the City of Cleveland seeks to participate in this important program; BE IT THEREFORE RESOLVED by the City Council that the Mayor is hereby authorized to submit an application for a “Safety Partners” Matching Grant program through The Pool requesting $6,000 in grant funding for the Safety Program for the City of Cleveland; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide a matching sum to serve as a match for any monies provided by this grant. Adopted this 8th day of August, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 208 REGULAR SESSION AUGUST 8, 2016 PAGE -3- MINUTE BOOK 28 • Resolution No: 2016-78 – Authorizing the Mayor to sign a contract with River Street Architects for the design and project management of Fire Station 6. RESOLUTION NO. 2016-78 WHEREAS, the City is proceeding with a project generally described as Fire Hall Number 6 which will be located at or near Westland Drive; and WHEREAS, in connection with said project, City staff are recommending that the City Council select River Street Architecture, LLC to provide professional architectural services for the project; and WHEREAS, the proposal from River Street Architecture, LLC for this project is attached hereto and incorporated herein by reference; and WHEREAS, the City Council desires to accept this proposal and to enter into an agreement with River Street Architecture, LLC for this project and to authorize the Mayor to execute any agreements and any other documents with River Street Architecture, LLC 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 proposal of River Street Architecture, LLC for the referenced project, and the City Council further authorizes the Mayor to execute any agreements or other documents for this project on behalf of the City of Cleveland. This 8th day of August, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2016-79 – Authorizing the Mayor to sign a grant application for the Firehouse Subs Public Safety Foundation Sorensen AED Grant ($1,500). RESOLUTION NO: 2016-79 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED) GRANT THROUGH THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION SORENSEN AED FUND WHEREAS, the City Council of the City of Cleveland, Tennessee desires to provide the best equipment with the goal of enhancing and improving safety for the police officers and public in Cleveland; 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. BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application, including all the understanding and assurances contained therein, to the FireHouse Subs Public Safety Foundation Sorensen AED Fund - Automated External Defibrillator (AED) Grant application. Said grant funding shall be used to purchase 1 Philips Heartstart FRx which includes 2 sets of pads, infant/child key, FRx case, and fast response kit. The total cost of the project will be approximately $1,500. The grant will cover the entire cost of the equipment and does not require matching funds from the City. p. 209 REGULAR SESSION AUGUST 8, 2016 PAGE -4- MINUTE BOOK 28 NOW, BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required, and 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. Adopted this 8th day of August, 2016 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved to approve the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. UNFINISHED BUSINESS Councilman May moved that Ordinance No: 2016-27 – heretofore passed on first reading July 25, 2016 and found in Minute Book 28, Page 202; amending Title 8, Chapter 2 Section 8-210 to add a new classification of beer permit (Manufacturing of craft beer) be approved on final reading. The motion was seconded by Councilman Banks. Upon roll call, Councilmen May, Banks, Estes and Johnson voted aye. Councilmen Hughes and McKenzie voted no. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Banks congratulated the victors in the recent election. He then stated they all work as a unit, a team and will have a new member, Tom Cassada. Mr. Cassada was unable to be present today but is looking forward to joining the Council. Mr. Fivas will be joining us toward the end of the week and sure he’ll bring ideas worthwhile for the citizens of Cleveland. He continued as a team we can accomplish a lot over the next few years. Councilman Banks continued he received a request to get a copy of the $500,000 tennis grant and acceptance award. That is a lot of money. He stated Charlie Smith made a good suggestion and thinks it’s important to have a committee to help our Parks and Recreation Department decide and have some input on how that money should be spend. With that much money, we need to make sure we use it in a way that will benefit all tennis players. He would like to see a maintenance schedule put in place, when that money is spent, so these tennis courts are maintained on a regular basis, which might have been one of the problems in the past. There was mention with that much money or what the cost will be to renovate Tinsley, but we need to spread that to the south end and other areas that may need some upgrades and look at the possibility of indoor courts. Most cities our size, especially with 100 degree heat and cold weather in the winter, have indoor courts, as we have discussed in the past. That might need to be a part of the focus of this committee. He then asked if there was a match. Mayor Rowland stated yes it’s a 50/50 grant for a total of $1 million. Councilman Banks continued for a million dollars we should be able to build some indoor courts. We have a lot of empty buildings at Whirlpool that might work, if we could acquire them. The tennis community is looking to us to spend that million in a very good way. Councilman McKenzie asked exactly what we were going to do at the Blythe-Bower field. Ms. Carroll stated Ms. Petitt mention focusing on a multi-purpose field. Mr. Hartman stated it is incorporated in the masterplan they are currently working on. Ms. Carroll stated we’ll get some information and send an update. Mayor Rowland asked Councilman McKenzie what he’d like to see in the area. Councilman McKenzie replied whatever is good for the kids. It’s the kids that count. Councilman Banks asked when the $500,000 be received. Mayor Rowland stated it should be this month. Councilman Banks continued that the new City Manager should be p. 210 REGULAR SESSION AUGUST 8, 2016 PAGE -5- MINUTE BOOK 28 involved. Maybe Mr. Fivas, Ms. Carroll and Parks and Recreation, at the next meeting, come back with recommendations for people on the committee. Charlie Smith recommended Pat Ensley, who is a big tennis player and has done a lot for the city. Mr. Smith also recommended Cathy Davini and Marion Cooke. Ms. Carroll stated she will also check with the Parks and Recreation Advisory Board. Mayor Rowland stated this will be a committee specifically for the tennis courts. Councilman Estes stated during the work session we discussed 933 Harle Avenue and the owner, Jeremy Moore is now present and maybe would like to discuss the property. Mayor Rowland stated Mr. Moore can address the Council after the Council reports. Councilman Johnson added that he has received a call concerning the Blythe-Bower field and hopefully from the grant money we’ll have funds to spread around and to stick with the masterplan. Ms. Carroll stated she would have something for them at the next meeting. Mayor Rowland stated a few citizens expressed their concern during the work session on the condition of 933 Harle Avenue. Jeremy Moore thanked the City Council, building officials, codes enforcement and the neighbors for their concerns. The tenants have moved out, pest control has been contacted and a cleaning crew should be on site tomorrow. He has discussed with several contractors about the scope of a remodel and with a structural engineer to keep the historic 1920’s Craftsman style home and bring in line with current codes. Mayor Rowland asked about a timeline. Mr. Moore stated realistically about two weeks for the full cleanup and for a substantial remodel. A for sale sign could be in the yard approximately at the end of the year. Mayor Rowland asked if he was going to continue renting. Mr. Moore stated absolutely not and we will sell the property. Councilman Banks stated four to five years ago was a similar discussion. Mr. Moore replied at that point it was determined to get tenants in the property so it wouldn’t continue to deteriorate. Hindsight, that wasn’t the best move. We will fix the property and it will be a show piece in the community. Ms. Carroll asked when the structural engineer’s report be available. Mr. Moore stated before August 16, as the City requested. Bryan Turner has been in discussion with the engineer, without my permission or openness to it but we will get you the report. Mr. Taylor DeVane gave caution to the Council. The tenants moved in five years ago with the intent to fix the house and live rent free. The tenants told him they were unable to get ahold of the landlord for the last seven months. Nothing is concrete with his construction plan. He has lived next to the residence since 2004 and have had many issues with bugs and codes enforcement. Building Official Bryan Turner stated if the work is going to be more than 50% of the value the ordinance gives the City the right to condemn for demolition. That would be at Council discretion. You don’t have to demo the structure you just have the option. It will require a licensed contractor, because of the cost and it’s a rental. You would need permits and any work to be done would have to go before the Historic Preservation Commission. Mr. Moore apologized to Mr. DeVane for the issues he has been facing, which shouldn’t be happening. He continued he could get the house to code at minimum cost. Structural, very minimal. Windows and security issues need to happen but to get it to code, I can do that really quick. The intent is to be a better neighbor. Mr. Turner stated they will require an estimate from a contractor to compare to the tax assessment. Mr. Moore stated the current tax value and the cost to bring to code is not a great difference but what I will put into the property is substantial to the tax value. The structural issues are minimal and what I intend to put into it will be more than that. Councilman Estes asked Mr. Moore if we pursue to demo will you still continue to rehab the house for sale. Mr. Moore replied no. Councilman Estes stated then what guarantee do we have. Your track records is very poor. He then asked Mr. Turner if they could bring it to code for under $26,000. Mr. Turner stated he has not seen specific numbers from the structural engineer. He believes there are some mold and moisture issues to be addressed and not sure of the cost at this time. He feels it would be roughly $25,000 for just the code issues. Councilman May stated he felt it would be a conflict of interest for Mr. Moore to use his son as a contractor. Councilman Banks stated this has been an eyesore for a long time and has received numerous complaints. It is encouraging that you are not going to rent it but renovate it. But what he has seen and heard, this is a safety issue for all the community. He then asked if he would come back in approximately p. 211 REGULAR SESSION AUGUST 8, 2016 PAGE -6- MINUTE BOOK 28 30 days and give an update. Mr. Moore stated that is reasonable and hopefully in 30 days you will see work happening. Councilman Estes asked Mr. Turner to prepare reports, including the structural engineer report as well as codes. He added if it is over $25,000 he would move for demolition. Councilman Hughes stated he knows Mr. Moore and has been around a long time. He feels confident he will do what he says and should have the opportunity to do what he says. Councilman Banks asked for this to be back on the September 26 agenda. Krista McKay read the following letter to the City Council during the work session. Mayor Rowland asked that it be included in the minutes. p. 212 REGULAR SESSION AUGUST 8, 2016 PAGE -7- MINUTE BOOK 28 NEW BUSINESS AND ORDINANCES The following Resolution was presented in full: RESOLUTION NO: 2016-74 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY TO BE USED FOR THE DEVELOPMENT OF TAYLOR'S SPRING PARK WHEREAS, the City of Cleveland is in the process of developing the Taylor's Spring Park; and WHEREAS, additional property was needed to be added into property already owned by the City to be used in connection with this project; and WHEREAS, the additional property is depicted as Lot 1 on the Plat recorded at Plat Book 32, Page 51, which plat is attached hereto and incorporated herein by reference; and WHEREAS, the Allan Jones Foundation graciously agreed to fund the purchase of the additional land to be conveyed to the City to be used for Taylor's Spring Park; and WHEREAS, the City of Cleveland greatly appreciates the generosity of the Allan Jones Foundation in funding the purchase of this property to be conveyed to the City for this project, and desires to accept the same. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby accept the land described as Lot 1, Plat Book 32, Page 51 in the attached documents, and the City Council extends its sincere appreciation to the Allan Jones Foundation for funding the purchase of this property for this project. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Banks moved that Resolution No: 2016-74 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman Banks then gave an update and the reason for the holdup on the project was because they didn’t have access to the property with the ability to get the equipment in. With this conveyance they will be able to move forward. The following Resolution was then presented in full: RESOLUTION NO: 2016-76 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT TASSO LN AREA 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 p. 213 REGULAR SESSION AUGUST 8, 2016 PAGE -8- MINUTE BOOK 28 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 August 8, 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 an iron pin located at the northeast corner of the lands of Joe Corn Stuart, as recorded in BCROD deed book 1441 page 168, said point being located at an existing corner of the Cleveland City Limits and in the southern right of way of Old Tasso Ln; thence south 66 degrees 43 minutes 57 seconds east, 134.84 feet to an iron pin; thence south 23 degrees 31 minutes 57 seconds west, 163.97 feet to an iron pin; thence north 66 degrees 28 minutes 3 seconds west, 142.39 feet to an iron pin; thence north 26 degrees 10 minutes 46 seconds east, 163.52 feet 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. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2016-76 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. JULY 14, 2016 TASSO LN ANNEXATION ANALYSIS CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately .52 acres located on Tasso Ln 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. p. 214 REGULAR SESSION AUGUST 8, 2016 PAGE -9- MINUTE BOOK 28 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 then Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. Tasso Ln Legal Description Beginning at an iron pin located at the northeast corner of the lands of Joe Corn Stuart, as recorded in BCROD deed book 1441 page 168, said point being located at an existing corner of the Cleveland City Limits and in the southern right of way of Old Tasso Ln; thence south 66 degrees 43 minutes 57 seconds east, 134.84 feet to an iron pin; thence south 23 degrees 31 minutes 57 seconds west, 163.97 feet to an iron pin; thence north 66 degrees 28 minutes 3 seconds west, 142.39 feet to an iron pin; thence north 26 degrees 10 minutes 46 seconds east, 163.52 feet 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 with an approximate four minute response time. It will be serviced from Station Two on Paul Huff Parkway. p. 215 REGULAR SESSION AUGUST 8, 2016 PAGE -10- MINUTE BOOK 28 3. Domestic Water and Sanitary Sewer Service. A. Domestic Water--- Water is available to the parcel on Tasso Lane NE B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve the parcel on Tasso Lane NE, Portion of Hardwick Farm-Tom Cate Annexation Area. To provide sanitary sewer facilities, it is estimated to cost $15,000 and can be completed within eight (8) years after annexation. C. Fire Hydrants--- A fire hydrant is located on Tasso Lane NE . SUMMARY OF CO STS Water Sanitary Sewer Total Portion of Hardwick Farm-Tom Cate Annexation Area Tasso Road NE $0 $15,000 $15,000 4. Electric Service Cleveland Utilities presently has electric facilities located on North Lee Highway that will be utilized to serve any future development. There will be no cost for us to serve this property. Customer will be required to install the underground conduits for the electric facilities. 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. 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. p. 216 REGULAR SESSION AUGUST 8, 2016 PAGE -11- MINUTE BOOK 28 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. Stormwater The Cleveland Stormwater Division will oversee all stormwater related issues on the site. Stormwater fees will be based on post-construction impervious areas. 7. Schools The annexation of this area would have minimal impact on the school system. 8. 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 that the property be incorporated into the PUD12 zoning district as its post-annexation zoning. 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. p. 217 REGULAR SESSION AUGUST 8, 2016 PAGE -12- MINUTE BOOK 28 9. 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. 10. 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 0 residents to the 5th City Council District as it is currently used. Revenue The current total appraised property value for this area would be approximately $45,000, resulting in a total assessed value of $11,250. The property tax generated from this area would be about $198.62 a year. With 0 residents in the home and the current state shared appropriation is $115.75 per resident. This would result in approximately $0 a year. There is no impervious surface on this property so it would not generate any funds form the Stormwater fee. The approximate revenue generated as a result of this annexation at the time of annexation would be about $198.62. The following Resolution was then presented in full: RESOLUTION NO: 2016-77 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 TASSO LN AREA 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 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 p. 218 REGULAR SESSION AUGUST 8, 2016 PAGE -13- MINUTE BOOK 28 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 August 8, 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 an iron pin located at the northeast corner of the lands of Joe Corn Stuart, as recorded in BCROD deed book 1441 page 168, said point being located at an existing corner of the Cleveland City Limits and in the southern right of way of Old Tasso Ln; thence south 66 degrees 43 minutes 57 seconds east, 134.84 feet to an iron pin; thence south 23 degrees 31 minutes 57 seconds west, 163.97 feet to an iron pin; thence north 66 degrees 28 minutes 3 seconds west, 142.39 feet to an iron pin; thence north 26 degrees 10 minutes 46 seconds east, 163.52 feet 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. [on file in the City Clerk’s Office.] 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. 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 Estes moved that Resolution No: 2016-77 be accepted as presented. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. p. 219 REGULAR SESSION AUGUST 8, 2016 PAGE -14- MINUTE BOOK 28 The following Resolution was then presented in full: RESOLUTION NO: 2016-80 RESOLUTION EXPRESSING OFFICIAL INTENT THAT CERTAIN EXPENDITURES TO BE INCURRED IN CONNECTION WITH CERTAIN SCHOOL PROJECTS FOR THE CITY AND RELATED EXPENDITURES BE REIMBURSED FROM PROCEEDS OF NOTES, BONDS, OR OTHER INDEBTEDNESS TO BE ISSUED BY THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland, Tennessee (the "City"), is in the process of causing certain capital expenditures to be made with respect to certain public works projects, consisting of the construction and equipping of a new elementary school for the Cleveland City Schools, including, but not necessarily limited to, planning, design, and architectural expenses (the "Project"); WHEREAS, the Cleveland Board of Education, adopted on August 1, 2016, a resolution committing any proceeds received from the Bradley County bond issue(s) or other funds for the construction of a new elementary school for the Cleveland City Schools; and, WHEREAS, the City Council (the "Council"), of the City desires to establish its official intent that certain of the expenditures related to the Project and certain other related expenditures be reimbursed out of notes, bonds, or other indebtedness to be issued in the future by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: Section 1. The Council hereby finds and determines, as follows: (a) that it is in the best interest of the City to proceed immediately with the Project, thereby incurring certain capital expenditures; (b) that the City has certain funds available which may be used temporarily for this purpose, pending the issuance of bonds, notes, or other indebtedness of the City; (c) that the Council anticipates that the City will issue its bonds, notes, or other indebtedness for the purpose of financing the Project; (d) that the Council reasonably expects to reimburse such amounts to such fund or source from which such expenditures may be made on a temporary basis as soon as proceeds from the issuance of such bonds, notes, or other indebtedness are available; and, (e) that this declaration of official intent is consistent with the budgetary and financial circumstances of the City. Section 2. The Council of the City hereby establishes its official intent to issue bonds, notes, or other indebtedness to finance the costs of the Project and other related expenditures in an amount not to exceed $10,000,000. Pending the issuance of such bonds, notes, or other indebtedness, funds necessary to finance a portion of such costs shall be advanced from such source of funds on hand and available for such purpose, and any amounts so advanced shall be reimbursed from the proceeds of the tax-exempt bonds, notes, or other indebtedness when issued. Section 3. The City will comply with the applicable State or local law governing the public availability of records relating to its official acts with respect to this Resolution. Section 4. All actions of the officers, agents, and employees of the City that are in conformity with the purposes and intent of this Resolution whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 8th day of August, 2016. p. 220 REGULAR SESSION AUGUST 8, 2016 PAGE -15- MINUTE BOOK 28 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2016-80 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Councilman Banks commented the name Candy’s just didn’t look right. [School Board Member Dawn Robinson previously explained they were naming the school after the original spelling of the Candy family. The creek is named after the family and at that time State Statute didn’t allow apostrophe s so we want to go back to the original Candy spelling.] The following Resolution was then presented in full: RESOLUTION NO: 2016-81 INITIAL RESOLUTION AUTHORIZING THE INCURRENCE OF INDEBTEDNESS BY THE CITY OF CLEVELAND, TENNESSEE, IN THE AMOUNT OF NOT TO EXCEED $7,700,000, BY THE EXECUTION WITH THE PUBLIC BUILDING AUTHORITY OF THE CITY OF CLARKSVILLE, TENNESSEE, OF A LOAN AGREEMENT TO PROVIDE FUNDING FOR PUBLIC WORKS PROJECTS, AND TO FUND THE INCIDENTAL AND NECESSARY EXPENSES RELATED THERETO WHEREAS, it is necessary and in the public interest of the City of Cleveland, Tennessee (the “Municipality”), to incur indebtedness (the “Indebtedness”), through the execution with The Public Building Authority of the City of Clarksville, Tennessee (the “Authority”), of a loan agreement (a “Loan Agreement”), for the purpose of financing certain public works projects, as hereinafter more fully described. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: SECTION 1. For the purpose of financing all or a portion of the costs of certain public works projects, consisting of infrastructure at the Spring Branch Industrial Park, construction of a new fire station and the acquisition of equipment for the Fire Department, the acquisition and installation of a City-wide computer, email, and GIS system, the acquisition of a police command post, and parks and recreational improvements, including Tinsley Park tennis courts and paving and soccer complex paving, the acquisition of all other property real and personal, appurtenant thereto or connected with such work, and to pay legal, fiscal, administrative, and engineering costs, reimbursement for expenditures related to the foregoing projects, and to pay costs incident to incurring the Indebtedness (collectively, the “Project”), the Municipality is hereby authorized to incur Indebtedness in the amount of not to exceed Seven Million Seven Hundred Thousand Dollars ($7,700,000), for the financing of the Project through the execution of a Loan Agreement with the Authority. The rate of interest payable pursuant to the provisions of a Loan Agreement shall be a fixed rate which rate shall not exceed the maximum rate of interest permitted under the laws of the State of Tennessee. SECTION 2. The indebtedness evidenced by the Loan Agreement shall be payable from funds of the Municipality legally available therefor and to the extent necessary from ad valorem taxes to be levied for such purpose on all taxable property within the corporate limits of the Municipality, without limitation as to time, rate, and amount and for the punctual payment of said principal of, premium, if any, and interest on, the Loan Agreement, the full faith and credit of the Municipality will be irrevocably pledged. SECTION 3. The Loan Agreement shall be executed pursuant to the provisions of Title 9, Chapter 21, Tennessee Code Annotated, as amended (the “Act”), and Title 12, Chapter 10, Tennessee Code Annotated, as amended. p. 221 REGULAR SESSION AUGUST 8, 2016 PAGE -16- MINUTE BOOK 28 SECTION 4. After the adoption of this Resolution, the City Clerk is directed to cause this Resolution, with the notice prescribed by the Act, to be published in full once in a newspaper published and having general circulation in the Municipality. SECTION 5. This Resolution shall take effect from and after its adoption, the welfare of the Municipality requiring it. Approved and adopted this 8th day of August, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk NOTICE The foregoing Resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition, signed by at least ten percent (10%) of the registered voters of the City of Cleveland, Tennessee, shall have been filed with the City Clerk of the City of Cleveland, Tennessee, protesting the incurrence of the Indebtedness by the execution of the Loan Agreement, such Loan Agreement will be executed, as proposed. STATE OF TENNESSEE) COUNTY OF BRADLEY) I, Shawn McKay, hereby certify that I am the duly qualified and acting City Clerk of the City of Cleveland, Tennessee (the “Municipality”), and, as such official, I further certify as follows: (1) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the City Council (the “Council”), of said Municipality held on August 8, 2016; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates, to, among other matters, the incurring of indebtedness in the amount of not to exceed $7,700,000, by said Municipality; (4) that the actions by said Council including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Council was present and acting throughout said meeting. WITNESS my official signature and the seal of said Municipality this 8th day of August, 2016. ___________________________________ City Clerk (SEAL) Councilman Johnson moved that Resolution No: 2016-81 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2016-82 RESOLUTION AUTHORIZING A LOAN PURSUANT TO A LOAN AGREEMENT BETWEEN THE CITY OF CLEVELAND, TENNESSEE, AND THE PUBLIC BUILDING AUTHORITY OF THE CITY OF CLARKSVILLE, TENNESSEE, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,700,000; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH LOAN AGREEMENT AND OTHER DOCUMENTS RELATING TO SAID LOAN; APPROVING THE ISSUANCE OF A BOND BY SUCH PUBLIC BUILDING AUTHORITY; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID LOAN AND THE PAYMENT OF SUCH INDEBTEDNESS; CONSENTING TO THE ASSIGNMENT OF THE CITY'S OBLIGATION UNDER SUCH LOAN AGREEMENT; AND CERTAIN OTHER MATTERS p. 222 REGULAR SESSION AUGUST 8, 2016 PAGE -17- MINUTE BOOK 28 WHEREAS, the City Council (the "Council"), of the City of Cleveland, Tennessee (the "Municipality" or the "City"), has determined that it is necessary to finance the costs of certain "public works projects", as defined in Title 9, Chapter 21, Tennessee Code Annotated, as from time to time amended and supplemented, consisting of financing all or a portion of the costs of infrastructure at the Spring Branch Industrial Park, construction of a new fire station and the acquisition of equipment for the Fire Department, the acquisition and installation of a City-wide computer, email, and GIS system, the acquisition of a police command post, and parks and recreational improvements, including Tinsley Park tennis courts and paving and soccer complex paving, the acquisition of all other property real and personal, appurtenant thereto or connected with such work, and to pay legal, fiscal, administrative, and engineering costs, reimbursement for expenditures related to the foregoing projects, and to pay costs incident to the issuance of the Bond and the loan of the proceeds thereof to the City (collectively, the "Project"), by obtaining a loan from The Public Building Authority of the City of Clarksville, Tennessee (the "Authority"); WHEREAS, it has been determined by the Council of the City to be in the best interests of the City to finance the Project through The Tennessee Municipal Bond Fund fixed rate loan program; WHEREAS, the Authority has been established pursuant to the provisions of Title 12, Chapter 10, Tennessee Code Annotated, as amended (the "Act"), and is authorized pursuant to the provisions of the Act to issue its bonds from time to time, in one more series, and to loan the proceeds thereof to the Municipality for the above described purposes; WHEREAS, in order to effectuate the program, the Issuer has authorized and approved by its Resolution, adopted May 13, 2015, the issuance of its Local Government Loan Program Bonds, in an aggregate principal amount not to exceed $300,000,000; WHEREAS, the Authority will issue its Local Government Loan Program Bond, Series 2016 (City of Cleveland General Government Loan) (the "Bond"), in the principal amount of not to exceed Seven Million Seven Hundred Thousand Dollars ($7,700,000), and loan the proceeds thereof to the Municipality pursuant to the provisions of a Loan Agreement, by and among the City, the Authority, and the Purchaser, as hereinafter defined, to be dated the date of issuance and delivery (the "Loan Agreement"); WHEREAS, the Council of the City has on the date hereof adopted an Initial Resolution authorizing the borrowing of funds and the incurring of indebtedness for the purpose of financing the Project in the amount of not to exceed $7,700,000, and the City Clerk has been instructed to publish such Initial Resolution together with the Notice required by Section 9-21-206 of Tennessee Code Annotated, as amended, in a local newspaper in the Municipality; WHEREAS, the indebtedness evidenced by the Loan Agreement shall be payable from any and all funds of the Municipality legally available therefor, including, but not necessarily limited to, ad valorem taxes to be levied for such purpose on all taxable property within the corporate limits of the Municipality, without limitation as to time, rate, and amount and for the punctual payment of said principal of, premium, if any, and interest on, the Loan Agreement, the full faith and credit of the Municipality will be irrevocably pledged; and, WHEREAS, the Bond is to be secured by and contain such terms and provisions as set forth in a Bond Purchase Agreement, entered into between the Authority and the purchaser of the Bond (the "Purchaser"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: Section 1. Approval of the Loan. (a) For the purpose of providing funds to finance the Project and to pay costs incident to the issuance and sale of the Bond and the loan of the proceeds thereof to the City, the loan to the City from the Authority is hereby authorized in the principal amount of not to exceed $7,700,000 and the City is hereby authorized to borrow such funds from the Authority (the "Loan"). p. 223 REGULAR SESSION AUGUST 8, 2016 PAGE -18- MINUTE BOOK 28 (b) The Bond to be issued by the Authority shall bear interest at a fixed rate to be determined at the time of the issuance of the Bond, as provided in the Loan Agreement. The Mayor and City Clerk are authorized to enter into the Loan Agreement, such Loan Agreement to bear interest at a fixed rate, as the Mayor and City Clerk shall determine is in the best interest of the Municipality. The Municipality shall make payments of interest and principal in the amounts and on the dates set forth in the Loan Agreement from the sources and funds described herein and in the Loan Agreement. The final rate of interest payable on the Loan Agreement shall not exceed the maximum rate of interest permitted by applicable law. The Loan Agreement shall be for a term of twenty years. The final principal and interest payment dates, final interest rate payable, amortization of principal amounts of the loan evidenced by the Loan Agreement, and prepayment provisions of such Loan Agreement, may be established by the Mayor and the City Clerk, at the time of the sale of the Bond and the execution and delivery of the Loan Agreement, as shall be determined to be in the best interests of the Municipality, in accordance with the terms of this Resolution and the Loan Agreement. (c) The Council of the City understands and is aware that the Purchaser has the option to put the Bond for purchase to the Authority during the term of the Loan (the "Put Option"), at certain intervals upon not less than one hundred eighty days' written notice to the Authority, the Tennessee Municipal Bond Fund, as administrator, and the City. The Council is aware of the risks and benefits associated with the Loan and the Put Option. The Council finds that the repayment structure of the Loan (including the Put Option) is in the public interest of the City. The Council further agrees that it is willing to pay additional issuance costs associated with the refunding of the Loan and related Bond in the event the Put Option is exercised by the Purchaser. In the event that the Put Option is exercised by the Purchaser, and the City is unable to pay the Loan amount in full on such date and no subsequent holder can be determined, the Council commits to refund the Loan in the following manner: (x) the Council shall submit a plan of refunding to the Comptroller or Comptroller's designee; (y) the final maturity of the refunding debt obligation will not extend beyond the final maturity of the original Loan; and, (z) the debt service structure of the refunding debt obligation will be substantially similar to or more declining than the debt structure of the original Loan. The Council has not retained an independent municipal advisor in connection with the Loan. The Council understands and acknowledges that the Purchaser does not owe a fiduciary duty to the City and that the Purchaser is acting for its own business and commercial interests. The Council has consulted with such advisors and experts as it deems appropriate before the consideration and adoption of this Resolution. Section 2. Approval of Loan Agreement. The form, terms, and provision of the Loan Agreement are in the best interest of the Municipality and are hereby approved and the Council hereby authorizes the Mayor and the City Clerk of the Municipality to execute and deliver such Loan Agreement, such Loan Agreement to be in substantially the form of the Loan Agreement presented to this meeting, the execution of such Loan Agreement by the Mayor and the City Clerk to evidence their approval of any and all changes to such Loan Agreement, and any related documents necessary to the consummation of the transactions contemplated by the Loan Agreement. Section 3. Fulfillment of Obligations. The Council of the Municipality is authorized and directed to fulfill all obligations of the Municipality under the terms of the Loan Agreement. Section 4. Tax Levy. There shall be levied and collected in the same manner as other ad valorem taxes of the Municipality on all taxable property within the corporate limits of the Municipality without limitation as to time, rate, or amount, to the extent necessary in the event funds of the Municipality legally available to pay the indebtedness evidenced by the Loan Agreement are insufficient, a tax sufficient to pay when due the amounts payable under the Loan Agreement, as and when they become due, and to pay any expenses of maintaining and operating the Project required to be p. 224 REGULAR SESSION AUGUST 8, 2016 PAGE -19- MINUTE BOOK 28 paid by the Municipality under the terms and provisions of the Loan Agreement. For the prompt payment of the Loan Agreement, both principal and interest, as the same shall become due, the full faith and credit of the Municipality are irrevocably pledged. Section 5. Approval of Bond. For the purpose of providing funds to make the loan to the Municipality evidenced by the Loan Agreement, as provided herein and in the Loan Agreement, and to pay legal, fiscal, and administrative costs incident thereto, including costs incident to the issuance and sale of the Bond related to the Loan Agreement, the issuance and sale of the Bond by the Authority in connection with the Loan Agreement is hereby approved. Section 6. Disposition of Proceeds. The proceeds from the sale of the Bond shall be paid, from time to time, to the official of the Municipality designated by law as the custodian of the funds, upon submission of a requisition for such funds by the Municipality to the Purchaser, in accordance with the terms of the Loan Agreement. Such proceeds shall be disbursed from time to time solely to finance the costs of the Project and to pay costs of issuance incurred in connection with the issuance of the Bond and the loan of the proceeds thereof to the Municipality. Any monies remaining in the Project Fund after completion of the Project shall be used to pay debt service on the Bond. Section 7. Consent to Assignment. The Municipality hereby consents to the assignment of all of the Authority's right, title, and interest in and to the Loan Agreement as security for the Bond to which such Loan Agreement relates, except for certain reserved rights of the Authority, to the Purchaser. Section 8. Arbitrage Certification. The Municipality recognizes that the purchaser and owner of the Bond will have accepted it on, and paid therefor a price, that reflects the understanding that interest thereon is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Bond. In this connection, the Municipality agrees that it shall take no action which may cause the interest on said Bond to be included in gross income for federal income taxation. It is the reasonable expectation of the Council of the Municipality that the proceeds of the Bond will not be used in a manner which will cause the Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, and to this end the proceeds of the Bond and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Council further covenants and represents that in the event it shall be required by Section 148(f) of the Code to pay any investment proceeds of the Bond to the United States government, it will make such payments as and when required by said Section 148(f) and will take such other actions as shall be necessary or permitted to prevent the interest on the Bond from becoming taxable. The Mayor and City Clerk, or either of them, are authorized and directed to make such certifications in this regard in connection with the sale of the Bond as either or both shall deem appropriate, and such certifications shall constitute a representation and certification of the Municipality. Section 9. Miscellaneous Acts. The Mayor, the City Clerk, the Finance Director, the City Manager, the City Attorney, and all other appropriate officials of the Municipality are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, acknowledge, and deliver all such documents, instruments, and certifications, in connection with the execution of the Loan Agreement and the issuance of the Bond by the Authority, in addition to those acts, things, documents, instruments, and certifications hereinbefore authorized and approved, as may in their discretion, be necessary or desirable to implement or comply with the intent of this Resolution or any of the documents herein authorized and approved. Section 10. Captions. The captions or headings in this Resolution are for convenience only and shall in no way define, limit, or describe the scope or intent of any provision hereof. Section 11. Severability. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of such section, paragraph, ordinance, or provisions shall not affect the remaining provisions of such Resolution. Section 12. Repeal of Conflicting Resolutions. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. p. 225 REGULAR SESSION AUGUST 8, 2016 PAGE -20- MINUTE BOOK 28 Section 13. Effective Date. This Resolution shall take effect upon its adoption, the welfare of the Municipality requiring it. Approved and adopted this 8th day of August, 2016. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk STATE OF TENNESSEE) COUNTY OF BRADLEY) I, Shawn McKay, hereby certify that I am the duly qualified and acting City Clerk of the City of Cleveland, Tennessee (the “Municipality”), and, as such official, I further certify as follows: (1) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the City Council (the “Council”), of said Municipality held on August 8, 2016; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates, to, among other matters, the incurring of indebtedness in the amount of not to exceed $7,700,000, by said Municipality; (4) that the actions by said Council including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Council was present and acting throughout said meeting. WITNESS my official signature and the seal of said Municipality this 8th day of August, 2016. ___________________________________ City Clerk (SEAL) Councilman Johnson moved that Resolution No: 2016-82 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ZONING ORDINANCE NO: 2016-29 AN ORDINANCE TO ZONE THE “TASSO LN ANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 8th day of August 2016 a notice thereof published in the Cleveland Daily Banner on July 24, 2016 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution 2016-76; and WHEREAS, this property was annexed by Resolution 2016-77; 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 Planned Unit Development PUD 12 within the corporate limits of the City of Cleveland. p. 226 REGULAR SESSION AUGUST 8, 2016 PAGE -21- MINUTE BOOK 28 Section 2. The property shown in Exhibit “A” and exhibit “B” shall be zoned in accordance with the zoning plan described in Exhibit “C”, 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 Exhibit A Exhibit B Exhibit C Legal Description Beginning at an iron pin located at the northeast corner of the lands of Joe Corn Stuart, as recorded in BCROD deed book 1441 page 168, said point being located at an existing corner of the Cleveland City Limits and in the southern right of way of Old Tasso Ln; thence south 66 degrees 43 minutes 57 seconds east, 134.84 feet to an iron pin; thence south 23 degrees 31 minutes 57 seconds west, 163.97 feet to an iron pin; thence north 66 degrees 28 minutes 3 seconds west, 142.39 feet to an iron pin; thence north 26 degrees 10 minutes 46 seconds east, 163.52 feet to the point of beginning. Councilman May moved that Ordinance No: 2016-29 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 227 REGULAR SESSION AUGUST 8, 2016 PAGE -22- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2016-30 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED SECTION 2.21.4 TO REVISE THE REQUIREMENTS FOR PLANNING COMMISSION APPROVAL WITHIN THE INMAN STREET EAST ZONING DISTRICT; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has recognized the previous scope of requirements within the Inman Street East Zoning District were too cumbersome to promote community and economic development; and WHEREAS the City Council has determined that changes in use, occupancy and construction not requiring a building permit within the Inman Street East Zoning District should not require Planning Commission review; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, be amended by revising Section 2.21.4 to read as follows: 2.21.4. Site Sketch Plan Requirements. A site sketch plan containing the following information must be submitted and approved by the Cleveland Municipal Planning Commission prior to any exterior construction requiring a building permit. A. A legal description of the total site and a statement of present and/or proposed ownership. B. The location and floor area size of the proposed building, accessory structures, or other improvements, including lot lines, building setbacks, building height, adjacent properties by use and ownership, open spaces, parking spaces, streets and utilities. C. The location and dimensions of all point of proposed vehicular and pedestrian access, exits and circulation. D. Specify the material proposed for he exterior walls of the building. E. Identify the location, intensity and direction of all proposed lighting. F. Specify the location of proposed planted areas and type of vegetation or fencing planned for landscaping and buffers. Section 2. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 3. In the event that any part of this ordinance is invalidated by a court of competent jurisdiction, all other parts shall remain in full force and effect unless otherwise lawfully repealed or amended. Section 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 228 REGULAR SESSION AUGUST 8, 2016 PAGE -23- MINUTE BOOK 28 Councilman Johnson moved that Ordinance No: 2016-30 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2016-31 AN ORDINANCE TO AMEND TITLE 8, CHAPTER 2, SECTION 8-210 OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO BEER PERMITS TO ADD A NEW CLASSIFICATION OF BEER PERMIT WHEREAS, the City Council desires to amend Title 8, Chapter 2, Section 8-210 of the Cleveland Municipal Code to create a new classification of beer permit to be called a non- consumption wholesaler beer permit and to add a new subsection to be numbered 8-210(7) for this type of permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: Section 1. Title 8, Chapter 2, Section 8-210 of the Cleveland Municipal Code is amended by adding the following language to become a new subsection numbered 8-210(7): 8-210 (7). Non-consumption Wholesaler Permit. A Class 7 permit is a beer permit issued for the non-consumption, wholesale and distribution of beer. A Non-consumption Wholesaler Permit (“Wholesaler Permit”) shall be issued to each distributor, manufacturer, brewer or brewery or manufacturer’s branch authorizing it to sell beer directly to retailers. To qualify for a Non-consumption Wholesaler Permit, an establishment must meet the distance requirements contained in this chapter, as well as the other general requirements imposed in this chapter, with the exception of those requirements explicitly imposed upon another particular class of permit only. No wholesaler or distributor shall maintain more than one place of business unless such wholesaler or distributor has received a separate permit from the beer permit board for each place of business. If a wholesaler or distributor maintains a place of business that is contiguous to another permitted location, the requirement in the preceding sentence for separate permits from the beer permit board for each location shall not apply. A Class 7 permit is limited strictly to warehouse wholesale and distribution, and does not allow or permit consumption of beer on the premises of the wholesaler. The products must come in to the warehouse already packaged and sealed, and the products must leave packaged and sealed without ever being opened or otherwise consumed. Section 2. This ordinance shall take effect from and after its final passage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2016-31 be voted for passage on first reading. The motion was seconded by Councilman Estes. Upon roll call Councilmen May, Estes, Johnson and Banks voted aye. Councilmen McKenzie and Hughes voted no. p. 229 REGULAR SESSION AUGUST 8, 2016 PAGE -24- MINUTE BOOK 28 Councilman May moved to approve $8,000 to the Cleveland Youth Football program. The motion was seconded by Councilman Hughes. Councilman Estes stated he would like to add that in the budget going forward, move the $3,500 that we have allotted Bradley County in the past and add $4,500 to it for a total of $8,000 to be given yearly to Cleveland Youth Football. He still would like Ms. Petitt to come back with numbers on how funding is done in the youth programs in other places. Councilman May amended his motion to include Councilman Estes’ comments. Councilman Hughes seconded the amendment; and upon roll call, unanimously passed. Councilman Banks stated he would like city staff come back to the next meeting with recommendations how to spread some of the $500,000 grant money around the south end and a committee be appointed, with someone like Hal Taylor. Ms. Carroll stated she will get a copy of the contract to see how it is written and will provide them a copy. Councilman Banks stated if it is possible to move around because $1 million is a lot of money. There being no future business the meeting was adjourned at 3:35 p.m. _________________________________ ______________________________ Mayor City Clerk