Cleveland City Council

p. 602 REGULAR SESSION SEPTEMBER 11, 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, SEPTEMBER 11, 2017 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Tom Rowland. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Councilman Bill Estes was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Christy 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; Fire Chief Ron Harrison; Jeff Davis, Personnel Director, Executive Secretary Beverley Lindsey; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Bethany McCoy with Lee University; City Reporter Randall Higgins; Tad Bacon with Cleveland Utilities; Dawn Robinson, Gary Farlow and Doug Berry with the Chamber of Commerce; Verrill Norwood, Airport Authority Member; Pam Edgemon; Connie and Roger Kennard; Matt Turner; Rob Alderman; Erin Meek; Sharon Marr with Mainstreet Cleveland; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Connie Kennard with the Peerless Road Church of God of Prophecy, the following business was then entered into: Mayor Rowland asked for a moment of silence to remember those who lost their lives on September 11, 2001. WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on August 28, 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 State Representative Kevin Brooks presented Chief Gibson and the Cleveland Police Department with two proclamations from Speaker Beth Harwell and Governor Bill Haslam in honor of Patriots Day on September 11, 2017, which thanked them for their continued efforts to protect the citizens of Cleveland. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request to abandon a portion of excess right-of-way located on Linden Ave SE at 2nd St SE. Mayor Rowland asked if anyone would like to speak in favor of the abandonment. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the abandonment. 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 an amendment to section 2.10.1 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 CG General Highway Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. p. 603 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -2- MINUTE BOOK 28 Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments public comments concerning a request to rezone 5.0 acres described as Unity Subdivision located on Unity Dr NE from IL Light Industrial Zoning District and R2 Low Density Single and Multi-Family Residential Zoning District to R1 Single Family Residential. Mayor Rowland asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an ordinance to amend the sign regulations of PUD6 located at Cleveland Towne Center on Paul Huff Parkway, Frontage Rd and Interstate 75. Mayor Rowland asked if anyone would like to speak in favor of the amendment. No one spoke. Mayor Rowland then asked if anyone would like to speak in opposition of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the Stormwater Division’s annual report to Tennessee Department of Environment and Conservation (TDEC) Division of Water Pollution Control. Mayor Rowland asked if anyone would like to speak in favor of the annual report. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the annual report. 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 application for a Certificate of Public Convenience and Necessity for a taxi cab permit request by Estela Liermann of 3448 Brighton Blvd NW. Mayor Rowland asked if anyone would like to speak in favor of the approval of the permit. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the permit. 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 use of a 2017 Edward Byrne Memorial Justice Assistance Grant to be received by the Cleveland Police Department. Mayor Rowland asked if anyone would like to speak concerning use of the grant. No one spoke. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Motion – Approving the application for a Certificate of Public Convenience and Necessity for a taxi cab permit requested by Estela Liermann of 3448 Brighton Blvd. • Resolution No: 2017-57 – Supporting an application to TDOT for the Transportation Alternatives Grant for 25th Street Corridor Area Sidewalks and Multi-Modal Improvements Project. RESOLUTION NO: 2017-57 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES (TA) GRANT FUNDING APPLICATION FOR 25th STREET CORRIDOR AREA SIDEWALKS AND MULTI-MODAL IMPROVEMENTS PROJECT p. 604 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -3- MINUTE BOOK 28 WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Transportation Alternatives (TA) program for a project described as the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project”; and WHEREAS, the City of Cleveland has worked with the Cleveland Urban Area MPO, Cleveland Urban Area Transit, and others to develop the concept plan for the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project” TA grant application in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application for TAP funds is hereby endorsed for the “25th Street Corridor Area Sidewalks and Multi-modal Improvements project” with a total construction cost of up to $900,000 and a City of Cleveland matching share of 25% of the total construction costs. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. 2. The City of Cleveland would be responsible for environmental, design, ROW, and utilities costs related to the project. Approved this 11th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-58 – Authorizing the Mayor to sign an agreement with AirMed Care Network for continued air ambulance transportation for city residents. RESOLUTION NO: 2017-58 WHEREAS, the City has received the attached proposal and agreement for a one-year renewal for AirMedCare Network Municipal Site Membership from Air Medical Group Holdings, Inc. doing business as the AirMedCare Network (hereafter referred to as the AirMedCare Network); and WHEREAS, the proposal to the City Council provides for air ambulance transportation for medical necessity by LIFE FORCE or any other AirMedCare Network Provider for transports of city residents from a pickup location in Bradley County, Tennessee, subject to the standard terms and conditions of the proposal to the City which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has reviewed the proposal and now desires to accept the proposal and to enter into the attached agreement with the AirMedCare Network, and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby accept the proposal and approve of the attached agreement with Air Medical Group Holdings, Inc. doing business as the AirMedCare Network, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. p. 605 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -4- MINUTE BOOK 28 This 11th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-59 – Amending the Authorized Employees List for the FY2018 Budget to reclassify one MEO I position to an MEO II position in the Parks and Recreation Department. RESOLUTION NO: 2017-59 A RESOLUTION TO AMEND THE AUTHORIZED EMPLOYEES LIST FOR THE FY2018 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2018 City Budget; and WHEREAS, this document contains the Authorized Employees By Fund, Department, and Position Classification”; and WHEREAS, the City Manager and Human Resources Director are recommending that one of the MEO I position in the Parks and Recreation Department be upgraded to an MEO II position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees By Fund, Department, and Position Classification” located on pages 292 through 297 of the FY2018 City Budget is hereby amended to reclassify one MEO I position to an MEO II position. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 11th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-60 – Authorizing City planning staff to move forward with acquisition/demolition projects related to the FEMA Flood Mitigation Assistance Program. RESOLUTION NO: 2017-60 WHEREAS, the City Council previously authorized an application to the Federal Emergency Management Agency's (FEMA) Flood Mitigation Assistance Program; and p. 606 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -5- MINUTE BOOK 28 WHEREAS, the City has received communications from the Tennessee Emergency Management Agency (TEMA) and the Federal Emergency Management Agency (FEMA) indicating that FEMA has approved two Acquisition/Demolition projects for the City of Cleveland under the Flood Mitigation Assistance Grant program; and WHEREAS, the City has now received the attached agreements from TEMA which are the reimbursement agreements for the City for these projects; and WHEREAS, the City Council desires to approve of these agreements and authorize the Mayor to execute the same on behalf of the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, that the City Council hereby approves of the attached agreements and authorizes the Mayor to execute the same on behalf of the City. This 11th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2017-61 – Authorizing the Mayor to sign a grant application with Norfolk Southern Foundation. RESOLUTION NO. 2017-61 WHEREAS, the Cleveland Police Department has investigated the possibility of the City applying for grant funding to cover a bomb response vehicle for the bomb unit; and WHEREAS, a memorandum prepared by the police department with information about the grant program is attached to this Resolution and incorporated herein by reference; and WHEREAS, the Police Chief is recommending to the City Council that the City authorize the application for grant funding through this program; and WHEREAS, the City Council desires to authorize the City to apply for grant funding for this project and to further authorize the Mayor to execute the grant application and any other documents which may be necessary or appropriate for the City to apply for the grant 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 City’s application for grant funding for this project and it further authorizes the Mayor to execute the grant application and any other documents which may be necessary or appropriate for the City to apply for the grant. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Banks; and upon roll call, the motion to approve the consent agenda unanimously passed. p. 607 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -6- MINUTE BOOK 28 REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Hughes stated he was glad to be back. He’s been out since June 7 with some complications from neck surgery. He shared his story of his challenging recovery. He stated he was thankful for all the cards, prayers, visits and that God continued to be faithful in his situation. He held onto Isaiah 26:3; keeping his mind on Christ for peace and Psalms 46; the Lord is his strength and refuge. When you’re down you need peach and strength. He thanked everyone again for their kindness. Councilman Banks welcomed Councilman Hughes back and continued he missed his input and appreciates everything he does for the City of Cleveland. Vice Mayor Johnson concurred it was good to have Councilman Hughes back. All members of the Council and staff have been praying for him. It’s an honor to be on the Council and we disagree from time-to-time but we still need each other to do a good job. He was missed and it’s good to have him back. Councilman Cassada echoed the comments on Councilman Hughes. There has been a hole in the Council and he is glad Councilman Hughes is back. Councilman Cassada continued by thanking the Cleveland Daily Banner for the article discussing drugs in the community. He spoke with District Attorney Steve Crump about the situation in Cleveland and Mr. Crump asked if it was possible to have a joint meeting with the Council, Bradley County Commission, both law enforcement agencies, all Department Heads and both school systems because it’s across the board, age wise, and we can help make Cleveland a better place. Mayor Rowland thanked Councilman Cassada for his efforts. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO. 2017-45 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of- way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: p. 608 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -7- MINUTE BOOK 28 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described in Section 2 below, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of-way interest in the following section of right-of-way: Being 1572.83 square feet as shown on the Survey J.N. 17-151 prepared by Barry Savage dated 6/30/2017 and Revised 8/2/17 which is attached hereto as Exhibit A, and which is further described as follows: Beginning at the western corner of the lands of Jason B. Haun, as recorded in Deed book 14 page 206 in the Register of Deeds office of Bradley County, Tennessee; thence with the northwest line of the aforementioned property N 51° 46’ 28” E a distance of 142.68 feet, more or less, to the northern property corner; thence along the South right of way line of 2nd Street SE along an arc of a curve to the northwest having a radius of 38.44 feet, more or less, which arc is subtended by a chord bearing of N 81° 41’ 08” W and a length of 34.96 feet, more or less; thence along the East right of way line of Linden Avenue along an arc of a curve to the southwest having a radius of 331.56 feet, more or less, which arc is subtended by a chord bearing of S 40° 35’ 21” W and a length of 121.01 feet, more or less; thence along a line to the southeast S 40° 33’ 06” E a distance of 1.90 feet, more or less, to the Point of Beginning. 2. RETENTION OF EASEMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading and subject to the adjoining property owner conveying 261.38 square feet to the public right-of-way adjoining 2nd St SE as shown in Exhibit B, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A p. 609 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -8- MINUTE BOOK 28 Exhibit B Vice Mayor Johnson moved that Ordinance No: 2017-45 be voted for passage on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: ORDINANCE NO: 2017-46 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 2.10.1 AND TABLE 1 SO AS TO PROVIDE FOR PROVISIONS FOR MINI-WAREHOUSES WITHIN THE COMMERCIAL HIGHWAY 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 evaluated the possibility of provisions for allowing mini-warehouses in the Commercial Highway Zoning District; and WHEREAS the City Council has determined that mini-warehouse facilities which access the storage units internally are less offensive than other permitted uses within the CH zone and create significantly less traffic; and 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 2.1 to read as follows: Section 2. 2.10.1 shall include the following as a permitted use: “mini-warehouse facilities provided that storage units are accessed internally from within the building” Section 3. Table 1 within the Zoning Ordinance shall reflect the following: “Internally accessed mini-storage facilities” shall be amended to be reflected as a permitted use within the General Commercial Zoning Districts. Section 4. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. p. 610 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -9- MINUTE BOOK 28 Section 5. 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 6. 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 Councilman Hughes moved that Ordinance No: 2017-46 be voted for passage on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: Zoning Ordinance No: 2017-47 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from IL Light Industry and R2 Low Density Single and Multi-Family Residential Zoning District to R1 Single Family Residential Zoning District. Approximately 3.89 acres, more or less, located on Unity Dr NE as shown on the attached map. For reference, see lots 1-18 of Unity Subdivision shown in Plat Book 22 Page 42 in the Register’s Office of Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2017-47 be voted for passage on first reading. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. p. 611 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -10- MINUTE BOOK 28 The following Ordinance was then presented in full: ORDINANCE NO: 2017-48 AN ORDINANCE OF THE OF THE CITY OF CLEVELAND, TENNESSEE AMENDING THE CLEVELAND MUNICIPAL CODE TITLE 14 CHAPTER 2 SO AS TO AMEND THE PUD 6 ZONING DISTRICT ESTABLISHED BY ORDINANCE 2016-43 BY AMENDING VARIOUS PROVISIONS SO AS TO ALTER THE SIGNAGE REQUIREMENTS AND RETAINING ALL OTHER FEATURES OF ORDINANCE 2016-43 IN FULL FORCE AND EFFECT. WHEREAS the City of Cleveland, Tennessee, hereinafter "City", desires orderly land development in furtherance of the public welfare and has adopted the Planned Unit Development, hereinafter "PUD", process as an alternative development standard whereby to accomplish such development; and WHEREAS the City zoned certain property as PUD6 by Ordinance 2006-43 which Ordinance is attached hereto and incorporated herein as Exhibit 1, which ordinance contains the PUD 6 zoning district and standards and conditions for the development, operation, and maintenance of the property; and WHEREAS, at its meeting on August 15, 2017 the Cleveland Municipal Planning Commission recommended additional changes to Ordinance 2016-43 to address changes in PUDS sought by the current owner(s), and the City Council desires to approve those changes. NOW THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, IN REGULAR SESSION ASSEMBLED. Section 1: Section 6c of Ordinance Number 2006-43, which established the PUD 6 Zoning District, is hereby replaced with the following language: Section 6: CONSTRUCTION, OPERATION AND MAINTENANCE PERMITTED USES. C. SIGNAGE. The shopping center (excluding outlots) will have three common signs: one located adjacent to the interstate ROW of a billboard design not to exceed 120’ in height and 1200 square feet in sign area. The other common signs include one located at the drive entrance at Paul Huff Parkway and one along a drive entrance at the Frontage Road (both consistent with exhibit B in ordinance 2006-43). Each outlot shall have one double-sided pylon sign not to exceed a height of 40 (forty) feet and a size of 150 (one hundred fifty) square feet per side. (See attached exhibit). Each tenant in the shopping center and outlots shall have the right to attach building signs to the front, sides, or rear of the building. Tenant signs attached to the buildings shall not exceed 80% of the wall length or be larger than 40% of the wall area. No sign shall be mounted on the roof. Portable signs, inflatable advertising devices, strobe lights, and other advertising devices characterized by motion, flashing light, or high-intensity light are prohibited. Except when located within 20 feet of a permanent building, no banner, flag, pennant, temporary sign, or merchandise display shall be located within 100 feet of any public right-of-way. Driveway entrance and exit signs not exceeding 2 sf each shall be permitted on outlots. Section 2: This Ordinance shall take effect on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 612 REGULAR SESSION SEPTEMBER 11, 2017 PAGE -11- MINUTE BOOK 28 Councilman May moved that Ordinance No: 2017-48 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO. 2017-62 WHEREAS, the City has received the attached agreement from LeConte Development LLC (hereafter "Developer"); and WHEREAS, the agreement relates to the development of a parcel of land currently owned by First Cumberland Presbyterian Church; and WHEREAS, the parcel of land is generally identified as 4355 Mouse Creek Road NW, Tax I.D. Number 034I-B-014.00; and WHEREAS, the Church has agreed to sell the parcel to the Developer and the Church and the Developer have entered into a contract whereby the Developer will purchase the property from the Church; and WHEREAS, the City Council has reviewed the proposed agreement with LeConte Development LLC and now desires to accept the proposed agreement and to enter into the attached agreement with LeConte Development LLC and to further authorize the Mayor to execute the same on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached agreement with LeConte Development LLC, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 11th day of September, 2017. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2017-62 be accepted as presented. The motion was seconded by Councilman McKenzie. Councilman May stated we’ve done this before and it’s a win-win for all parties involved. It should help quite a bit with the traffic. The neighborhood was certainly concerned. Councilman Banks stated this allows us to add two lanes on the west side of Mouse Creek and eventually there will be an intersecting street between Mouse Creek and Peerless Road. Opening that up will allow development, which will generate taxes that will exceed the cost of the project. Upon roll call the motion unanimously passed. There being no future business the meeting was adjourned at 3:33 p.m. _________________________________ ______________________________ Mayor City Clerk