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Cleveland City Council

Regular Meeting

Cleveland, TN · March 12, 2018

AgendaMinutes

Minutes

p. 56 REGULAR SESSION MARCH 12, 2018 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MARCH 12, 2018 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 Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. Councilman Charlie McKenzie 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; Kris Miller, IT Director; Executive Secretary Beverley Lindsey; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Safety and Wellness; Bethany McCoy with Lee University; City Reporter Randall Higgins; Brian Media, Social Media; Nicki Beaty; Jenna Curts; Ken Webb; Duane Schriver; Nicole Quince; Thomas Williams; Carl Lansden; Greg Clark and Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Larry Bowers with the Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor John Dalton, the following business was then entered into: 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 February 26, 2018 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 presented the Cleveland Blue Raider Wrestling Team the following proclamation: “CLEVELAND HIGH SCHOOL RAIDER WRESTLING DAY” Whereas, the Cleveland High School Blue Raider Wrestling Team has brought home the 2018 TSSAA Tennessee Traditional Wrestling Championship title; and . . . . Whereas, this marks another successful year that Cleveland High has claimed the number 1 championship title in the State; and . . . . Whereas, eight members of the team earned medals in the 2018 state wide event, including Austin Sweeney, 1st place and Trae McDaniel, runner up, and the overall team worked together to claim the championship title; and . . . . Whereas, Coach Joey Knox and his staff have distinguished themselves as coaches who give credit to their wrestlers for their hard work, pursuing their dream, and claim each and every hard earned victory as an outstanding accomplishment by a team of great wrestlers; and . . . . Whereas, Coach Knox has a capable support team of coaches including Nick Soto, Jesse Jones, John Weiss, Niko Brown and Sean Russell, NOW THEREFORE, I, Tom Rowland, Mayor of the City of Cleveland, Tennessee do hereby declare Monday, March 12, 2018 as “CLEVELAND HIGH SCHOOL BLUE RAIDER WRESTLING DAY” in our city and ask all citizens to congratulate this fine group of young men and their coaches for a job well done. p. 57 REGULAR SESSION MARCH 12, 2018 PAGE -57- MINUTE BOOK 29 I hereby declare that Coach Joey Knox, his staff and the Raider wrestlers as ambassadors for this City, exemplifying that true spirit of sportsmanship and a winning spirit that is the envy of the State of Tennessee. Congratulations 2018 TSSAA Tennessee Traditional Wrestling Champions—Cleveland High Blue Raiders. The City Council then joined in to congratulate the members of the wrestling team. Ms. Denise McNeely addressed the City Council concerning parking in the downtown area. She recently opened a business on North Ocoee Street and has observed a lack of parking for business patrons near the stores. It appears people who work downtown and Lee students are parking in the timed-spots all day. She then asked if the two-hour parking would be re-enforced and what is the future of downtown parking. Chief Gibson stated parking enforcement is difficult because people move their vehicles once the tires have been marked. Ms. McNeely stated she would also be willing to pay for a spot in a nearby parking lot to ensure she’d have a place to park. Mr. Fivas stated parking is something the downtown consultants are aware of and will be conducting a downtown parking analysis and give us some solutions. These suggestions will be given to the City Council. We are looking at options to add 150-175 spaces that would be targeted toward downtown employees, which would open parking to downtown patrons. Mayor Rowland stated having the consultant is a start to correcting the problem. Mayor Rowland read the following letter: p. 58 REGULAR SESSION MARCH 12, 2018 PAGE -58- MINUTE BOOK 29 Mayor Rowland stated he is reappointing Dee Burris to the Planning Commission with a term to expire January 2021. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Steve and Linda Williams to rezone 1.7 acres, more or less, located on Shad y Ln and Fulbright Rd (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and Multi-Family Residential Zoning District. Mayor Rowland then asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning a request by Ben Nelson to rezone approximately 0.66 acres located at 2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District. Mayor Rowland then asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Rowland declared the public hearing to be closed. CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Ordinance No: 2018-04 – heretofore passed on first reading February 26, 2018 and found in Minute Book 29, Page 25; abandoning a portion of unopened right-of-way located between East St NE and Lang St NE (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2018-05 – heretofore passed on first reading February 26, 2018 and found in Minute Book 29, Page 34; zoning of about 5.3 acres located on Tasso Ln from the unincorporated county to PUD Planned Unit Development Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2018-06 – heretofore passed on first reading February 26, 2018 and found in Minute Book 29, Page 43; zoning of about 15.68 acres located at 861 Old Chattanooga Pike from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2018-07 – heretofore passed on first reading February 26, 2018 and found in Minute Book 29, Page 52; zoning of about 36.70 acres located at APD40 and Holloway Rd from the unincorporated county to IH Heavy Industrial Zoning District (Planning Commission: Approved 9-0). • Final Passage - Zoning Ordinance No: 2018-08 – heretofore passed on first reading February 26, 2018 and found in Minute Book 29, Page 53; rezoning 1.7 acres, more or less, located at Shady Ln and Fulbright Rd NE (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and Multi- Family Residential Zoning District (Planning Commission: Approved 9-0). • Resolution No: 2018-19 - Authorizing a loan agreement in the principal amount of not to exceed $10,000,000 for Wastewater Facilities Project (Cleveland Utilities). AUTHORIZING RESOLUTION NO: 2018-19 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. p. 59 REGULAR SESSION MARCH 12, 2018 PAGE -59- MINUTE BOOK 29 WHEREAS, the Cleveland Utilities is a public and governmental body in the City of Cleveland, Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project, Department of Environment and Conservation Number SRF 2018-417 (the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of moneys in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for Project Loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of TEN MILLION Dollars ($10,000,000) by the obtaining of a Project Loan. Section 2. The execution and delivery of the Application for a Project Loan in the principal amount of TEN MILLION Dollars ($10,000,000) for the purpose of funding all or a portion of the total estimated cost of the Project TEN MILLION Dollars ($10,000,000), by Tim Henderson, President and CEO of Cleveland UB of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the Authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project Loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the wastewater system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State-Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President of the Cleveland Utilities Board of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, p. 60 REGULAR SESSION MARCH 12, 2018 PAGE -60- MINUTE BOOK 29 this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this _________ day of _________________, 2018. _____________________________________ Tom Rowland, Mayor City of Cleveland WITNESS: ___________________________ (Affix Seal As Appropriate) ___________________________ (Name and Title) • Resolution No: 2018-20 – Authorizing the Mayor to sign a grant contract amendment for MPO Funds to add consolidated planning grant funds. RESOLUTION NO. 2018-20 WHEREAS, the City has received the attached grant contract amendment number 2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Long Range Transportation Planning Contract Number: Z14MPO004 Agency Tracking Number: 40100-29014 Edison ID Number: 38616 WHEREAS, the purpose of this contract amendment is to add Consolidated Planning Grant funds, and to increase the Grant Contract amount by $31,430.00; and WHEREAS, the City Council desires to enter into the attached contract amendment number 2 with TDOT, and to further authorize the Mayor to execute this contract amendment on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] 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 contract amendment number 2 with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 12th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-21 – Amended the lease agreement with the Cleveland Amateur Radio Club for the proposed expansion of the building into the ingress/egress easement area. RESOLUTION NO. 2018-21 WHEREAS, by Resolution 2017-67 passed on September 25, 2017, the City of Cleveland and the Cleveland Amateur Radio Club entered into a Lease Agreement for a tract of land on Johnson Boulevard; and p. 61 REGULAR SESSION MARCH 12, 2018 PAGE -61- MINUTE BOOK 29 WHEREAS, a copy of that lease agreement is attached hereto as an Exhibit to this Resolution; and WHEREAS, the Lessee desires to expand the current building located on the Leased Premises, and after looking at various options, the Lessee desires to expand its building in a general southerly direction a distance of approximately twenty four (24) feet; and WHEREAS, the current lease between the parties provides that there is an "Ingress/Egress Easement" as depicted on Exhibit A attached to the Lease agreement; and WHEREAS, the current lease provides in Paragraph 6 that the Lessee shall not be allowed to erect any structures in the Ingress/Egress Easement area; and WHEREAS, the Lessee has approached the City about the possibility of the Lessee expanding its building into this Ingress/Egress Easement area a distance of between 10 and 11 feet; and WHEREAS, the City Manager and City staff have reviewed the proposed expansion of the building into the Ingress/Egress Easement area and are of the opinion that the expansion would still leave sufficient space for the Lessor as well as Bradley County Emergency Management Agency to have access to the existing emergency communications tower located on the property; and WHEREAS, the City Manager has also contacted Troy Spence, the Director of the Emergency Management Agency and requested that he review the proposed building expansion to make sure the proposed expansion would not impair ingress and egress to the existing emergency communications tower; and WHEREAS, Troy Spence, the Director of the Emergency Management Agency, has advised the City Manager that he has reviewed the proposed building expansion and is of the opinion that the proposed expansion would not impair ingress and egress to the existing emergency communications tower; and WHEREAS, in view of the foregoing, City staff is recommending that the City enter into a lease amendment with the Cleveland Amateur Radio, upon the terms and conditions set forth in the lease amendment which is also attached to this Resolution; and WHEREAS, the City Council desires to approve of this lease amendment and to authorize the Mayor to execute the lease amendment on behalf of the City. 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 lease amendment with the Cleveland Amateur Radio Club. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease amendment on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 12th day of March, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 62 REGULAR SESSION MARCH 12, 2018 PAGE -62- MINUTE BOOK 29 • Resolution No: 2018-25 – Authorizing the Mayor to sign a grant application for the High Visibility Enforcement Grant ($5,000; to purchase cameras, computer and lighting supplies). RESOLUTION NO: 2018-25 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A GRANT THROUGH THE GOVERNOR’S HIGHWAY SAFETY PROGRAM WHEREAS, the Cleveland Police Department would like to apply for the Governor's Highway Safety - High Visibility Enforcement Grant; and WHEREAS, the grant is for one year beginning October 1, 2018, and based upon the grant’s program requirements, the City, if approved, would be eligible for up to a maximum of $5,000 of grant funding which would be used by the Cleveland Police Department to purchase supplies for cameras, computers and lighting; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents that may be necessary or appropriate in connection with the grant application. NOW, THEREFORE, BE IT RESOLVED that the City of Cleveland is hereby authorized to apply for funding through this grant program, and the Mayor is hereby authorized to sign all documents that may be necessary or appropriate for the completion of the grant application. Approved this 12th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Surplus Property – Declaring certain items from Parks & Recreation to be surplus and sold on GovDeals. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: March 6, 2018 SUBJECT: Surplus Equipment I respectfully request the City Council declare the following items surplus and to be sold on GovDeals: • 1998 DODGE W2500 TRUCK – Vin# 3B7KF22Z3WG222793 • 1993 TOYOTA TRUCK – Vin# JT4RN01P6P7059365 • 2002 NEW HOLLAND TS100 Tractor – Vin# 166112B These items will be placed on Govdeals with a minimum bid set. Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman Cassada. Councilman Banks inquired about the minimum bid on the Holland tractor. Ms. Carroll replied it has not been established from Fleet Department yet, but when posted a minimum bid will be listed. Upon roll call, the motion to approve the consent agenda was unanimously passed. p. 63 REGULAR SESSION MARCH 12, 2018 PAGE -63- MINUTE BOOK 29 REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson stated he received a phone call concerning the downtown parking issue. He then asked if there was a way to reserve parking in a public parking lot. Mr. Fivas suggested to allow the consultants to complete their study and make suggestions to correct the problem. Vice Mayor Johnson then inquired about Julian Drive. Mr. Fivas stated there will be a presentation at the next meeting. We are looking at budget numbers, as well as solutions. Councilman Estes asked for Bryan Turner to provide, at the next meeting, an update on all of Joe V. Williams’ properties. Councilman Cassada asked if it was uncommon for cities to have different parking times, like one-hour or two-hour. Is it due to congestion? Mr. Fivas responded downtown parking is different every place you go. There are different solutions and ours could possibly be educating the businesses and employees, to keep the spaces open for patrons but also to have a place for the employees to park. Having our consultant give us our best parking strategy is our best option. Councilman May asked Mr. Fivas when he felt we could begin receiving information back from the consultants. Mr. Fivas stated we have met and are ready to begin an advisory committee. The consultants are currently working and at the next meeting he will provide a timeline so they will know what to expect. Councilman Banks stated the Arnold School flag pole ceremony place last week and through efforts of Lee University, Tri-Con, Historic Neighborhood, Woodman, Allan Jones Foundation, the McReynolds Foundation the project was completed. He personally wanted to thank Kim Griffin, President of the Historic Cleveland Neighborhood Association who spear- headed and coordinated everything. He then moved to send her a letter of appreciation for her hard work from the City. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. Mr. Fivas stated at the next meeting he will provide an outline of what the process will look like with the downtown consultants and then on April 9, they will be here to ask questions about your priorities and what they should be working on. It will be a good session to communicate with them. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO: 2018-22 WHEREAS, the City Council of the City of Cleveland, Tennessee, passed Resolution No. 2009- 38, on April 13, 2009, expressing the intent of the City of Cleveland to jointly participate with Bradley County to fund a Veterans Home in Bradley County with the City and Bradley County each committing $2,010,010 for this project; and WHEREAS, the City Council of the City of Cleveland, Tennessee later reaffirmed its commitment to the project with the passage of the following Resolutions and Motion, specifically Resolution No: 2012-89 passed on July 23, 2012; a Motion passed on July 14, 2014; and by Resolution 2016-51 passed on May 23, 2016; and WHEREAS, the State of Tennessee has now requested that the City Council pass a resolution re- affirming its commitment to the project and to add a specific expiration date of September 1, 2020 to the commitment; and p. 64 REGULAR SESSION MARCH 12, 2018 PAGE -64- MINUTE BOOK 29 WHEREAS, the City Council desires to reaffirm the content of Resolution No: 2009-38 passed on April 13, 2009; Resolution No: 2012-89 passed on July 23, 2012; the Motion passed on July 14, 2014; and Resolution 2016-51 passed on May 23, 2016 in all respects; and WHEREAS, as requested by the State of Tennessee, the City Council desires to adopt a new resolution to reaffirm its commitment to the project and to add an expiration date of September 1, 2020, for its pledge for the construction of the Veterans Home to be located in Bradley County. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City of Cleveland hereby reaffirms the content of Resolution No. 2009-38 passed on April 13, 2009; Resolution No: 2012-89 passed on July 23, 2012; the Motion passed on July 14, 2014; and Resolution 2016-51 passed on May 23, 2016 in all respects. BE IT FURTHER RESOLVED that the City hereby adds an expiration date of September 1, 2020, to its commitment for this project. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to send a letter to the State reaffirming the City’s commitment to the project. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-22 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO. 2018-23 WHEREAS, City representatives have been in discussion with Bradley County representatives concerning the attached Interlocal agreement between the City and the County in connection with the annexation of a portion of a parcel of property owned by D&S Custom Homes LLC, which parcel is located off Old Chattanooga Pike SW, and which is generally described as Tax Map 65J Group E Parcel 016.00; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on March 5, 2018; and WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City. [on file in the City Clerk’s Office.] This 12th day of March, 2018. p. 65 REGULAR SESSION MARCH 12, 2018 PAGE -65- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2018-23 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. 2018-24 WHEREAS, City representatives have been in discussion with Bradley County representatives concerning the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by Paul Steven Williams et al, which parcel is located off APD40/Holloway Road, and which is generally described as Tax Map 65 Parcel 001.00 ; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on March 5, 2018; and WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County 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 Interlocal Agreement between the City of Cleveland and Bradley County. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City. This 12th day of March, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2018-23 be accepted as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Ordinance was then presented in full: Zoning Ordinance No: 2018-09 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 R1Single-family Residential District to PI Professional Institutional Zoning District p. 66 REGULAR SESSION MARCH 12, 2018 PAGE -66- MINUTE BOOK 29 Approximately 0.66 acres, more or less, located on Harle Avenue and 20th Street NW as shown on the attached map and identified as Tax Map 49E Group B Parcels 5.00 & 6.00, containing a home addressed as 2020 Harle Avenue, being the same property described in a Warranty Deed from Nancy Arnold Childers to Joseph A. Nelson and wife Pansy Nelson in Bradley County Registers Deed Book 193 pages 691-692, as Lot Numbers Fourteen (14), Thirteen (13), Twelve (12), and the South Twenty-three feet of Lot Number Eleven (11) in Block “D” of the Fike & Shelton Addition to the City of Cleveland as shown in Plat Book 1, page 106 in the Bradley County Registers Office. 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 Estes moved to deny Zoning Ordinance No: 2018-09. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Mayor Rowland stated the Bill Norwood marker at 1st Street Square will be placed in a few weeks and ceremony will be announced. He also mentioned flag pole and solar light will be coming soon to 1st Street Square. There being no future business the meeting was adjourned at 3:39 p.m. _________________________________ ______________________________ Mayor City Clerk

Agenda

AGENDA Cleveland City Council Work Session – March 12, 2018 1:00 P.M. Cleveland Municipal Building 190 Church Street, NE I. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL II. UPDATES FROM THE CITY MANAGER a. Discussion of Community Plan and Community Meeting Dates b. Bacon Festival III. REVIEW OF 3:00 AGENDA – CITY MANAGER IV. REPORTS OF COUNCIL MEMBERS A. Vice Mayor Johnson E. Councilman May B. Councilman McKenzie F. Councilman Hughes C. Councilman Estes G. Councilman Banks D. Councilman Cassada V. ANNOUNCEMENTS VI. OTHER BUSINESS AGENDA Cleveland City Council Regular Session – March 12, 2018 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 – February 26, 2018 (p. 1). V. PRESENTATIONS, PETITIONS AND COMMUNICATIONS FROM MAIL A. State Champions Cleveland Blue Raiders Wrestling Team B. Public Hearing - To hear public comments concerning a request by Steve and Linda Williams to rezone 1.7 acres, more or less, located at the intersection of Shady Lane and Fulbright Road (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 2-3). C. Public Hearing – To hear public comments concerning a request by Ben Nelson to rezone approximately 0.66 acres located at 2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Motion to Deny 9-0) (p. 4-8). VI. CONSENT AGENDA A. Final Passage - Ordinance No: 2018-04 – Abandoning a portion of unopened right-of-way located between East St NE and Lang St NE (Planning Commission: Approved 9-0) (p. 9-13). B. Final Passage - Zoning Ordinance No: 2018-05 - Zoning of about 5.3 acres located on Tasso Ln from the unincorporated county to PUD Planned Unit Development Zoning District (Planning Commission: Approved 9-0) (p. 14-16). C. Final Passage - Zoning Ordinance No: 2018-06 - Zoning of about 15.68 acres located at 861 Old Chattanooga Pike from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 17-20). D. Final Passage - Zoning Ordinance No: 2018-07 - Zoning of about 36.70 acres located at APD40 and Holloway Rd from the unincorporated county to IH Heavy Industrial Zoning District (Planning Commission: Approved 9-0) (p. 21-23). E. Final Passage - Zoning Ordinance No: 2018-08 – Rezoning 1.7 acres, more or less, located at Shady Ln and Fulbright Rd NE (Tax Map 50G Group I Parcels 6.00, 7.00, 8.00) from IL Light Industry District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 9-0) (p. 24-26). F. Resolution No: 2018-19 - Authorizing a loan agreement in the principal amount of not to exceed $10,000,000 for Wastewater Facilities Project (Cleveland Utilities) (p. 27-28). G. Resolution No: 2018-20 – Authorizing the Mayor to sign a grant contract amendment for MPO Funds to add consolidated planning grant funds (p. 29-36). H. Resolution No: 2018-21 – Amended the lease agreement with the Cleveland Amateur Radio Club for the proposed expansion of the building into the ingress/egress easement area (p. 37-45). I. Resolution No: 2018-25 – Authorizing the Mayor to sign a grant application for the High Visibility Enforcement Grant ($5,000; to purchase cameras, computer and lighting supplies) (p. 46). J. Surplus Property – Declaring certain items from Parks & Recreation to be surplus and sold on GovDeals (p. 47). VII. UNFINISHED BUSINESS VIII. REPORTS OF COUNCIL MEMBERS A. Vice Mayor Johnson E. Councilman May B. Councilman McKenzie F. Councilman Hughes C. Councilman Estes G. Councilman Banks D. Councilman Cassada IX. NEW BUSINESS AND ORDINANCES A. Resolution No: 2018-22 – Reaffirming the City’s commitment to the Veteran’s Home project (p. 48). B. Resolution No: 2018-23 – Authorizing the Mayor to sign a Interlocal Agreement with Bradley County in connection with the annexation of a parcel of property owned by D&S Custom Homes LLC, located off Old Chattanooga Pike SW (p. 49-61). C. Resolution No: 2018-24 – Authorizing the Mayor to sign a Interlocal Agreement with Bradley County in connection with the annexation of a parcel of property owned by Paul Steven Williams, located off APD40/Holloway Road (p. 62-72). D. Zoning Ordinance No: 2018-09 – Rezoning approximately 0.66 acres located at 2020 Harle Ave NW and 20th St NW (Tax Map 049E Group B Parcels 5.00 and 6.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Motion to Deny 9-0) (p. 73-74). X. ANNOUNCEMENTS

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