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Cleveland City Council

Regular Meeting

Cleveland, TN · July 24, 2017

AgendaMinutes

Minutes

p. 579 REGULAR SESSION JULY 24, 2017 3:00 P.M. MINUTE BOOK 28 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, JULY 24, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Vice Mayor Avery Johnson. Also present were Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr. and Richard Banks. Mayor Tom Rowland and Councilman Dale Hughes were absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, Director of Public Works; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Jeff Davis, Personnel Director, Kris Miller, IT Director; Brian Moran, Social Media Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Joe Edwards; David and Sadie ware; Patricia Kibble; Tad Bacon with Cleveland Utilities; Lou Patten; Andy Bryant; Michael Williamson; Pam Edgemon; Rob Renner; Leslie Haywood; Edward Johnson; Hal Taylor; Gray Epperson; Tom Robertson; Isaac Nimley; John Porte; Jim Davis; Dan Moore; Martha Ledford; Doug Berry with the Chamber of Commerce; Nicholas Lillios; Gerald Kersey; Vadim and Roman Strellov; Barbara Jackson; Greg and Faye Holmes; Joe and Kathy Mika; Christopher Coulter; Scott Cavanaugh; Joe Mason; J.F. Thaggard; Joe Pesterfield; Arnold Tarpley; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Vice Mayor Johnson the following business was then entered into: Councilman Cassada moved to excuse Mayor Rowland and Councilman Dale Hughes from the meeting due to illness. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. WAIVE READING OF MINUTES Councilman Cassada 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 June 26, 2017 and approve them as written. The motion was seconded by Councilman May; and upon roll call the motion unanimously passed. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL Vice Mayor Johnson stated today’s meeting is being held as a public hearing to hear public comments concerning the City’s intent to exceed the certified tax rate. Vice Mayor Johnson asked if anyone would like to speak in favor of the approval of the rate. No one spoke. Vice Mayor Johnson asked if anyone would like to speak in opposition of the approval of the rate. Pam Edgemon from District 3 asked if it was possible to have the increase in increments rather than all at once. She recalled she did see on a social media site where they listed the breakdown in cents for the new school, fire station and infrastructure but has been unable to find it again. She stated she is certainly a progressive person, but asked if it all have to be this year. City Manager Joe Fivas replied we proposed three options to the City Council on April 10 and it is structured so that it creates additional funds, which will fund a number of infrastructure projects this next year. If we phase it in you would have to restructure pretty much everything you’ve put together. The Mouse Creek intersection, Peerless/25th St intersection and the Peerless/Paul Huff intersection projects, if you phase it in you may not have those funds available. Simply, yes, you can do it but that would be a different vote and they would have to make the determination to redo some things in the budget if you were to phase it in. Mr. Joe Pesterfield stated you want to do all this construction soon. Mr. Fivas stated if you phase it in you would not be able to do some of the things the Council had asked us to do. Mr. Pesterfield asked if you raise the tax rate now to cover projects would it later drop back down? Mr. Fivas replied there is already a phasing mechanism, we are building a fire station, hiring at least 12 firefighters and that would come online late. One-time project money would be used p. 580 REGULAR SESSION JULY 24, 2017 PAGE -2- MINUTE BOOK 28 and then later, when the positions come in, the portion of the money would be used to fund them. Mr. Pesterfield stated he looked over the budget over the weekend and according to the FY2013 budget about 48% of the people live in residences they own, which must mean that half of the residents live in apartments. He is an apartment owner and if you started several years ago building apartments it gets hard to compete with people now building mega-apartments with 40- year HUD loans. Personally, the average increases were about 28 cents on property taxes and you are hitting us at a bad time. You have an increase in your assessments and then you’re asking for 28 cents more in your property tax. The average assessment went up about 10%. His went up about 25%. His own situation, out of 60 residents, each tenant will have to pay $11 more a month, just for reappraisals and $8.25 more a month for the tax increase. A lot of people are on leases that you can’t do it right now. You shouldn’t pass on 39%. He asked the City Council to look at 6, 7 or 8%, spread it out and make it easier for property owners and tenants. Gray Epperson stated he shares the same concerns as Mr. Pesterfield. He then asked if all the businesses would pay a 30% increase as well, for example Whirlpool, is it equal to them. Councilman Estes stated they have a PILOT agreement and once that’s complete they will. Doug Berry with the Chamber works on the PILOT investments, brings them before the Council and we discuss. He feels this is too much of an increase for a year. Councilman McKenzie asked how much of an increase did he calculate. Mr. Epperson stated he hadn’t put pen to paper but it could cost him personally $30,000 a year and he is just a small business owner. Ms. Haywood, who lives in Blueberry Hills stated she is also progressive. The statistic that 48% of residents are renters. She asked if there was another way for those that rent that don’t have property that can share in these fees, like sales tax. She doesn’t mind paying her fair share but if everyone is using it there should be some way that everyone chips in. Vice Mayor Johnson replied we’ve already raised the sales tax rate, the highest in the State. We have really gotten behind in infrastructure and a lot of things that the City needs to address and we just can’t put it off. Ms. Haywood stated she would be for option B, which seems fair. Mr. Tom Robertson stated most people here today are small businesses, maybe some big corporations but it pretty well does not affect. There is good reason. Small businesses have to get in there and do it, on their own for lack of resources and technology. He is happy for what we have now and must need the new schools but every small increase affects small businesses. He stated what we have and manage right now in our City is fine as it is and we need ways to cut instead of an increase. Vice Mayor Johnson replied we do live in a good community and no one likes a tax increase. Our tax rate is the lowest in the state, with our size of school system. It’s one of those things that you don’t want to have to do it unless you just have to do it. Our growth is phenomenal and if we are going to be ready to improve our infrastructure and traffic flow, which is a serious problem, we need to do something. We should’ve started several years ago with increments but if you were sitting where we’re sitting, had the information and see what we are up against you’d probably make some of the same decisions we have. Mr. Tucker Duncan stated it sounds like this is already going to pass, and just hopes that all the voters can stomach this amount of an increase, at the next election, they can make a decision on what they have to pay. There is traffic everywhere so it’s not just a Cleveland thing. All he wants to say is remember the people, the voters and make your decision. Mr. Joe Mason, CFO of Jones Property stated they are large supporters of property downtown who experience 2-3% per year increase in the ability to increase rents and if we’re talking about mid 30% increase at one time, that is 12 years before we can recover from additional rent from primarily downtown renters. We want to support downtown and the problem is all at one time. He then asked about the compensation changes built into the budget and asked how they fit in to the overall increase. Mr. Fivas replied the City Council adopted a revised compensation plan, which gave a step increase every year and that is all we are doing, keeping up with the step increases. If you don’t keep up with it, in the past we’ve had employees who have been here 3-4 years and making the same as a new employee. So the step increase keeps up with rates, which is a 3.5% step. Councilman Cassada asked when was the last time City Council passed a tax increase. Mr. Fivas stated 3 years. Councilman Cassada asked about the amount of increases Mr. Mason had yearly. Mr. Mason clarified that is an increase to renters yearly for growth. Councilman Cassada stated he understands the impact on small businesses and people want us to p. 581 REGULAR SESSION JULY 24, 2017 PAGE -3- MINUTE BOOK 28 invest in the community and make sure we have the services, public safety, infrastructure and education we need. As we grow as a community we have to make these investments. It’s hard, but it’s the right thing to do. Someone stated from the audience that it seemed like a done deal and asked if there were any room for negotiation. Councilman Cassada responded this has been about a 5-6 month process we’ve been through and can’t speak for the rest of the Council if it’s a done deal or not. Vice Mayor Johnson stated we have looked at all the options and everything that needs to be done now and in the near future. He stated he appreciates all the comments and wishes we had this discussion years ago. Nicholas Lillios stated appearances are everything and there are needs and wants. You are spending a million dollars on a tennis complex and a million dollars for a football field. Talk about our needs, infrastructure, police, firefighters, you are spending money on recreation that are used by very limited number of residents. He will pass the increase on to tenants, but due to lease cycles it will be delayed. There has been enough of what we’ve been doing and what we want. When you have extra money you spend it on the wants and when you have a need you do a tax increase. To say you had a tax increase 3 years ago is false. There was a Stormwater increase last year. That affects every resident in the city. We have constantly been under tax increases. This is a tremendous increase compounded on top of ones we’ve already had. We are paying for football fields and tennis complexes that a very few people in town play and the Country Club offers a cheap membership, $100 to play. I would guess some would rather pay the club fees over the property tax increase. Vice Mayor Johnson declared the public hearing to be closed. Councilman Estes moved to declare the service weapon for Officer Jeff Griggs as surplus property and hereby given to him as a token of the City’s appreciation for his 25 years of service to the Cleveland Police Department. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. Vice Mayor Johnson then presented Officer Griggs with his weapon and thanked him for his service. CONSENT AGENDA Vice Mayor Johnson reviewed the following items on the consent agenda. • Final Passage - Zoning Ordinance No: 2017-31 – heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 547; rezoning .56 acres more or less on Paul Huff Parkway and Holiday Inn Express Way (Tax Map34I Group A Parcels 7.00 & 7.01) from R3 High Density Residential Zoning District to PUD14 (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-32 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 548; rezoning 1.54 acres more or less on Ellis Circle (Tax Map34I Group A Parcels 3.00) from R3 High Density Residential Zoning District to PUD14 (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-33 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 549; rezoning 1.10 acres more or less on Ellis Circle (Tax Map34I Group B Parcels 13.03) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-34 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 550; rezoning 1.38 acres more or less on Ellis Circle (Tax Map34H Group M Parcels 10.01, 11.00, 12.00) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0. • Final Passage - Zoning Ordinance No: 2017-35 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 551; rezoning 19.4 acres more or less on Tasso Ln NE (Tax Map 34 Parcel 25.00) from R2 Low Density Single and Multi- Family Residential Zoning District to PUD17 (Planning Commission: Approved 9-0). p. 582 REGULAR SESSION JULY 24, 2017 PAGE -4- MINUTE BOOK 28 • Final Passage - Zoning Ordinance No: 2017-36- heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 562; zoning of about 9.5 acres located off Dockery Ln SE and Hewitt St SE from the unincorporated county to PI Professional Institutional Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-37 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 571; zoning of about 11.6 acres located Dry Valley Rd NE from the unincorporated county to IL Light Industrial Zoning District (Planning Commission: Approved 9-0). • Final Passage - Ordinance No: 2017-38 - heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 572; amending section 2.11 and Table 1 of the zoning regulations to create provisions which allow mini-warehouses which are internally accessed as a principally permitted use within the CH Commercial Highway Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-39 – heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 573; rezoning .71 acres more or less on Ellis Circle (Tax Map34I Group B Parcels 13.01) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2017-40 – heretofore passed on first reading July 10, 2017 and found in Minute Book 28, Page 574; rezoning 3.6 acres more or less at 640 West Inman St (Tax Map49N Group D Parcel 11.00) from MU Mixed Use Zoning District and CH Commercial Highway Zoning District to PUD18 (Planning Commission: Approved 9-0). • Resolution No: 2017-51 – 2016 Tax Refund - Harold Thompson; $67.00. RESOLUTION NO: 2017-51 WHEREAS, Stanley M. Thompson, Assessor of Property, has recently notified the City of Cleveland, Tennessee, that a change has been made in the 2016 real property taxes assessed to Harold W. Thompson; and WHEREAS, a copy of the Assessor’s notice to the City is attached hereto and incorporated herein by reference; and WHEREAS, as a result of the notice from the assessor's office, this taxpayer is entitled to a refund for the overpayment of his 2016 real property taxes; and WHEREAS, the parcel of property is generally identified as Map 049C, Group E, Parcel 016.00 SI 000 (2016 Receipt Number 19998); and WHEREAS, this taxpayer has been determined by the Assessor’s office to be entitled to a tax refund of $67.00 for 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Clerk be, and hereby is, authorized to refund to Harold W. Thompson the sum of $67.00 for the overpayment of his 2016 real property taxes. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 583 REGULAR SESSION JULY 24, 2017 PAGE -5- MINUTE BOOK 28 • Reappointment – Cleveland Utilities Board – Aubrey Ector for an additional 4-year term to expire July, 2021. • Reappointment – Beer Board – Donald Humes for an additional 2-year term to expire July, 2019. • Reappointment – Beer Board – Ellie St. Pierre for an additional 2-year term to expire July, 2019. • Appointment – Animal Shelter Board – Pat Ownby to replace Stephen Kinder for a 4-year term to expire June, 2021. Councilman May moved to approve the Consent Agenda. The motion was seconded by Councilman Estes; and upon roll call, the motion to approve the consent agenda unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May asked for an update concerning traffic along Blueberry Hill Road. The study didn’t warrant a four way stop but would like the area to be looked at again to somehow slow traffic. Secondly, he inquired about Joe V. Williams’ downtown property that doesn’t appear any work is being done. Mr. Jobe stated the last court date was Thursday, July 20 and the contractor told the Judge he pulled off due to lack of payment. Mr. Williams is currently receiving a fine of $50 per day on two properties. Councilman May asked if there was a Plan B. Mr. Jobe stated if he doesn’t move on the repairs we could still condemn the property for demolition. Councilman May asked if there was a schedule. Mr. Jobe stated the ordinance is pretty vague and we can get with Bryan Turner to set a date to give Mr. Williams to commence construction. Councilman Cassada asked if the building could be saved without demolition. Mr. Jobe stated when they could get to the second floor, it was worse than originally thought, so the building could exceed the 50% value. Councilman Estes asked for an update if they have court this Thursday and what is determined going forward and our next step. Councilman Banks stated today nine people spoke in opposition to the proposed tax increase. I am close personal friends and know eight of them. I appreciate all their comments but it is important for all of you to appreciate our job and our duty to who we represent. One of them made a comment to worry about being voted out of office. That is what is wrong with America today. Politicians are more worried about keeping their job than doing it. With that said we have to deal, every two weeks, with what’s in the monthly reports, upsurge in gang violence, problems with the infrastructure and number of students we have. One of the speakers in opposition is the husband of a School Board Member, who is a duly elected School Board Member. They make their decisions and we don’t have control over how they spend money. Sometimes this is a thankless job. I got my check for two weeks and it was $72.38. Someone once calculated we make about $0.50 cents an hour. We are elected to represent all the people and all the people spoke in the community survey. Over 1,000 people stated what they want. What they want Cleveland to look in the future. I emphasize and sympathize with the fact that I wish this hadn’t been a one-time deal but as with all things political in nature, it takes a majority vote. I can’t anticipate the vote today but based on comments I can somewhat surmise that the Council is going to try to “catch up” on what we’ve been lacking for a few years, and that is an in increase in taxes that would put us in par, and still below Tullahoma, Oak Ridge, Dyersburg, Bristol, Kingsport, Greenville and Maryville and hears Johnson City will be raising theirs. So out of the ten cities with K-12 School Systems in the State of Tennessee we are at the low end and will be third from the lowest, if in fact this tax increase is approved. I will state that Councilman May has previously stated he’d like to delay the vote. I’m not in favor of that but there is a second vote for final passage. I would ask the final vote not be at the next meeting because I will be out. I think all the Council, including the Mayor should be here for the final vote and anyone who would like to come and readdress the Council on their concerns or review any of the information we look at I would welcome that and ask City Staff to provide that. We are at a crossroads here p. 584 REGULAR SESSION JULY 24, 2017 PAGE -6- MINUTE BOOK 28 in Cleveland, in my opinion and I have lived here 35-years. We’ve got the Whirlpool site right over here and drive through and start seeing some of the, for lack of a better word, undesirable activity. When that activity comes to Cleveland, property values will go down. One major property owner once told me, if I have a gang shooting and two people killed in a drug deal gone bad in my parking lot, the value of my property will go down 40%. We have to address that. With that said, I welcome your comments and will still be your friend, no matter how I vote or how you think I should vote. The public office is open to anyone. All you have to do is go to the Election Commission and pick up an application for the next election. I appreciate you being here today. NEW BUSINESS AND ORDINANCES Councilman May moved to postpone the vote on increase the tax until everyone is present. I think all City Council, along with the Mayor should be here. The motion was seconded by Councilman McKenzie. Upon roll call Councilman May and Councilman McKenzie voted aye. Councilmen Estes, Cassada, Banks and Vice Mayor Johnson voted no. The motion failed 2:4. Vice Mayor Johnson stated he would like to enter in a motion that we go ahead and vote on the Ordinance today and what I’d like to say really is that we save the final vote until the Mayor is here and Councilman Hughes, if he gets better, is here. We just put the final vote off into the future and do the first vote today. I put that to a motion. The motion was seconded by Councilman Banks. Upon roll call, Vice Mayor Johnson, Councilman Banks, Councilman McKenzie, Councilman Estes and Councilman Cassada voted aye. Councilman May voted no. The motion passed 5:1. Councilman Estes stated he believes he might have misunderstood the motion. City Attorney John Kimball stated the motion from Vice Mayor Johnson was to go ahead and vote on the Ordinance for first reading today and not vote at the next meeting because Councilman Banks will not be here and Councilman Hughes may not be here, which would put the final vote at the second meeting in August but you still have not voted on the Ordinance itself. You need to vote on Ordinance No: 2017-41 – adopting the 2017 tax rate. The following Ordinance was presented in full: • Ordinance No: 2017-41 - Adopting the 2017 Tax Rate. ORDINANCE NO: 2017-41 TAX ORDINANCE - YEAR 2017 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2017, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2017, and each subsequent year thereafter be, and is, $2.06 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same p. 585 REGULAR SESSION JULY 24, 2017 PAGE -7- MINUTE BOOK 28 were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $2.06 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: ____________________________________ Councilman McKenzie _____________________________________ ATTEST: Councilman Estes ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman Cassada _____________________________________ Councilman May APPROVED AS TO FORM: _____________________________________ /s/John F. Kimball Councilman Hughes City Attorney _____________________________________ Councilman Banks ___________________________ _____________________________________ Tom Rowland, Mayor Vice Mayor Johnson p. 586 REGULAR SESSION JULY 24, 2017 PAGE -8- MINUTE BOOK 28 Vice Mayor Johnson moved that Ordinance No: 2017-41 be voted for passage on first reading [with final passage be held on August 28]. The motion was seconded by Councilman Banks. Upon roll call, Vice Mayor Johnson, Councilman Banks, Councilman Estes and Councilman Cassada voted aye. Councilman McKenzie and Councilman May voted no. The motion passed 4:2. Vice Mayor Johnson stated in the future you will be hearing about Cleveland’s 175-year celebration. The Mayor has put together a committee that will be working on an event. If anyone has any ideas or suggestions, please give the Mayor a call. There being no future business the meeting was adjourned at 3:58 p.m. _________________________________ ______________________________ Mayor City Clerk

Agenda

AGENDA Cleveland City Council Work Session – July 24, 2017 1:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Mayor Rowland - Discussion of the Improve Act II. UPDATES FROM THE CITY MANAGER A. Presentation of Community Engagement and Survey Results B. Discussion FY 2017-18 Project List III. REVIEW OF 3:00 AGENDA – CITY MANAGER IV. REPORTS OF COUNCIL MEMBERS A. Councilman McKenzie E. Councilman Hughes B. Councilman Estes F. Councilman Banks C. Councilman Cassada G. Vice Mayor Johnson D. Councilman May V. ANNOUNCEMENTS VI. OTHER BUSINESS Cleveland City Council Written Reports July 24, 2017 A. Administration B. Finance C. Public Works D. Development & Engineering Services a. 70/80 Church Street (p. 1) b. 633 North Ocoee Street (p. 2) c. 50 1st Street NE (p. 3) d. Board of Zoning Appeals – July 11 (p. 4-5) e. Planning Commission – July 18 (p. 6-9) E. Parks & Recreation F. Fire Department G. Police Department H. Codes Enforcement AGENDA Cleveland City Council Regular Session – July 24, 2017 3:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE & PRAYER IV. WAIVE READING OF MINUTES A. Regular Session – July 10, 2017 (p. 1). V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. Public Hearing – To hear public comments concerning the City’s intent to exceed the certified tax rate (p. 2-3). VI. CONSENT AGENDA A. Motion –Declaring the service weapon for Officer Jeff Griggs as surplus property and hereby given to him as a token of the City’s appreciation for his 25 years of service to the Cleveland Police Department (p. 4-5). B. Final Passage - Zoning Ordinance No: 2017-31 - Rezoning .56 acres more or less on Paul Huff Parkway and Holiday Inn Express Way (Tax Map34I Group A Parcels 7.00 & 7.01) from R3 High Density Residential Zoning District to PUD14 (Planning Commission: Approved 9-0) (p. 6-8). C. Final Passage - Zoning Ordinance No: 2017-32 - Rezoning 1.54 acres more or less on Ellis Circle (Tax Map34I Group A Parcels 3.00) from R3 High Density Residential Zoning District to PUD14 (Planning Commission: Approved 9-0) (p. 9-11). D. Final Passage - Zoning Ordinance No: 2017-33 - Rezoning 1.10 acres more or less on Ellis Circle (Tax Map34I Group B Parcels 13.03) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0) (p. 12-14). E. Final Passage - Zoning Ordinance No: 2017-34 - Rezoning 1.38 acres more or less on Ellis Circle (Tax Map34H Group M Parcels 10.01, 11.00, 12.00) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0) (p. 15-17). F. Final Passage - Zoning Ordinance No: 2017-35 - Rezoning 19.4 acres more or less on Tasso Ln NE (Tax Map 34 Parcel 25.00) from R2 Low Density Single and Multi- Family Residential Zoning District to PUD17 (Planning Commission: Approved 9-0) (p. 18-24). G. Final Passage - Zoning Ordinance No: 2017-36- Zoning of about 9.5 acres located off Dockery Ln SE and Hewitt St SE from the unincorporated county to PI Professional Institutional Zoning District (Planning Commission: Approved 9-0) (p. 25-27). H. Final Passage - Zoning Ordinance No: 2017-37 - Zoning of about 11.6 acres located Dry Valley Rd NE from the unincorporated county to IL Light Industrial Zoning District (Planning Commission: Approved 9-0) (p. 28-30). I. Final Passage - Ordinance No: 2017-38 - Amending section 2.11 and Table 1 of the zoning regulations to create provisions which allow mini-warehouses which are internally accessed as a principally permitted use within the CH Commercial Highway Zoning District (Planning Commission: Approved 9-0) (p. 31-33). J. Final Passage - Zoning Ordinance No: 2017-39 – Rezoning .71 acres more or less on Ellis Circle (Tax Map34I Group B Parcels 13.01) from R3 High Density Residential Zoning District to PUD16 (Planning Commission: Approved 9-0) (p. 34-36). K. Final Passage - Zoning Ordinance No: 2017-40 – Rezoning 3.6 acres more or less at 640 West Inman St (Tax Map49N Group D Parcel 11.00) from MU Mixed Use Zoning District and CH Commercial Highway Zoning District to PUD18 (Planning Commission: Approved 9-0) (p. 37-43). L. Resolution No: 2017-51 – 2016 Tax Refund - Harold Thompson; $67.00 (p. 44-45). M. Reappointment – Cleveland Utilities Board – Aubrey Ector for an additional 4-year term to expire July, 2021 (p. 46-47). N. Reappointment – Beer Board – Donald Humes for an additional 2-year term to expire July, 2019. O. Reappointment – Beer Board – Ellie St. Pierre for an additional 2-year term to expire July, 2019. P. Appointment – Animal Shelter Board – Pat Ownby to replace Stephen Kinder for a 4-year term to expire June, 2021. VII. UNFINISHED BUSINESS VIII. REPORTS OF COUNCIL MEMBERS A. Councilman McKenzie E. Councilman Hughes B. Councilman Estes F. Councilman Banks C. Councilman Cassada G. Vice Mayor Johnson D. Councilman May IX. NEW BUSINESS AND ORDINANCES A. Ordinance No: 2017-41 - Adopting the 2017 Tax Rate (p. 48-49). X. ANNOUNCEMENTS XI. OTHER BUSINESS

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