Cleveland City Council

p. 109 REGULAR SESSION MAY 14, 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, MAY 14, 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 Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Richard Banks. 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; Amy Newman, City Accountant; Jonathan Jobe, Director of Development and Engineering; Kristi Powers, Support Services Manager for 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; Teresa Torbett, CDBG Coordinator; City Reporter Randall Higgins; Brian Moran, Social Media; Ken Webb; Duane Schriver; Tad Bacon with Cleveland Utilities; Gary Farlow and Doug Berry with the Chamber of Commerce; Joe Parker; Hannah White; Alex Staup; Bethany McCoy with Lee University and Roger Jenne. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Jason Butts from Washington Avenue Baptist Church, 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 April 23, 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 recommended naming the unnamed portion of road from Tasso Road to Dry Valley Road near the Jetport be named Lynn Devault Parkway. No address would be affective. Councilman Banks then moved to name the road Lynn Devault Parkway. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2019 Budget. Mayor Rowland asked if anyone would like to speak in favor of the approval of the budget. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the budget. No one spoke. Mayor Rowland declared the public hearing to be closed. Mayor Rowland stated today’s meeting is being held as a public hearing to hear public comments concerning an amendment to Section 2.8.1.B and Table 1 of the Zoning Regulations concerning the allowable uses within the CN Neighborhood Commercial Zoning District. Mayor Rowland asked if anyone would like to speak in favor of the approval of the amendment. No one spoke. Mayor Rowland asked if anyone would like to speak in opposition of the approval of the amendment. No one spoke. Mayor Rowland declared the public hearing to be closed. The following memorandum concerning the 2018-2019 Annual Action Plan for CDBG was presented. Mayor Rowland announced the public hearing and approval of the Action Plan will be on June 25. p. 110 REGULAR SESSION MAY 14, 2018 PAGE -110- MINUTE BOOK 29 p. 111 REGULAR SESSION MAY 14, 2018 PAGE -111- MINUTE BOOK 29 CONSENT AGENDA Mayor Rowland reviewed the following items on the consent agenda. • Final Passage - Ordinance No: 2018-14 – heretofore passed on first reading April 23, 2018 and found in Minute Book 29, Page 99; adopting the 2018 Tax Rate for FY2019 ($2.06). • Final Passage - Ordinance No: 2018-15 – heretofore passed on first reading April 23, 2018 and found in Minute Book 29, Page 101; adopting the FY2019 Budget. • Resolution No: 2018-40 – Authorizing the CEO of Cleveland Utilities to act on behalf of the City with respect to a loan application with the Tennessee Department of Environment and Conservation for sewer collection system inflow and infiltration correction. RESOLUTION NO: 2018-40 A RESOLUTION AUTHORIZING THE CEO OF CLEVELAND UTILITIES TO ACT ON BEHALF OF THE CITY OF CLEVELAND WITH RESPECT TO A LOAN APPLICATION WITH THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION, CLEAN WATER STATE REVOLVING LOAN PROGRAM, FOR SEWER COLLECTION SYSTEM INFLOW AND INFILTRATION CORRECTION WHEREAS, the City of Cleveland has been notified by the Tennessee Department of Environment and Conservation, Clean Water State Revolving Loan Fund Loan Program (CWSRF), that funds are available for Sewer Collection System Infiltration and Inflow Correction projects have been approved as Loan Number SRF 2018-417, and WHEREAS, the Board of Public Utilities of the City of Cleveland Tennessee, acting under the name of Cleveland Utilities, operates the water and wastewater systems of the City of Cleveland, Tennessee through its Board of Public Utilities whose members are appointed by the City Council, and WHEREAS, the work to be performed relates to the correction of Infiltration and Inflow in the Sewer Collection System, and WHEREAS, the work to be performed on the Sewer Collection System described herein will be the responsibility of Cleveland Utilities, and WHEREAS, these projects are eligible for funding through a loan program, specifically the Clean Water State Revolving Fund Loan Program (CWSFR), administered by and through the Tennessee Department of Environment and Conservation, and WHEREAS, Cleveland Utilities will be responsible to repay and loan portion that is required to be repaid for these projects to the Clean Water State Revolving Loan Fund (CWSRF), and WHEREAS, Cleveland Utilities has received loan approval for these projects and needs the City Council to authorize the CEO of Cleveland Utilities to act on behalf of the City of Cleveland and Cleveland Utilities with respect to these projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland hereby designates the CEO of Cleveland Utilities as the authorized representative of the City of Cleveland for the above referenced projects. BE IT FURTHER RESOLVED that the CEO of Cleveland Utilities is authorized to sign loan documents, letters, disbursement requests and all other documents that may be necessary or required on the above referenced CWSRF project. Approved this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 112 REGULAR SESSION MAY 14, 2018 PAGE -112- MINUTE BOOK 29 • Resolution No: 2018 41- Amending the Personnel Rules and Regulations. RESOLUTION NO: 2018-41 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on February 22, 2016 a revised Personnel Rules and Regulations document entitled “The City of Cleveland Personnel Rules and Regulations”; and WHEREAS, this document contains the personnel policies of the City of Cleveland; and WHEREAS, the Human Resources Committee, department heads and the City Manager will review the personnel manual and submit any recommended amendments to the City Council for their consideration by the end of February each year; and WHEREAS, an amendment to the City’s Personnel Rules and Regulations is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in Regular Session assembled this 14th day of May, 2018 that the document titled “The City of Cleveland Personnel Rules and Regulations” is hereby amended as follows: Section 1. Amend the City’s Personnel Rules and Regulations as follows: Section VI – BENEFITS • Subsection X. Employee Assistance Program Revise bullet points listed after first paragraph to read: • Marital problems • Personal psychological problems • Problems with children • Issues with loss or grief • Problems with anxiety, stress or depression • Family problems with drugs or alcohol • Personal problems with drugs or alcohol • Help selecting programs for formal mental health or rehab treatment Section 2. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 113 REGULAR SESSION MAY 14, 2018 PAGE -113- MINUTE BOOK 29 • Resolution No: 2018-42 – Authorizing the Mayor to sign the FY2019 TDOT Highway Maintenance contract. RESOLUTION NO: 2018-42 WHEREAS, the State of Tennessee Department of Transportation has submitted the attached contract for maintenance of State Highways through the City of Cleveland, Tennessee, to the City Council of the City of Cleveland for the purpose of providing for approval of said Contract; and WHEREAS, the City Council of the City of Cleveland desires to approve said Contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and hereby is, authorized to sign the Contract on behalf of the City of Cleveland. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-43 – Authorizing the Mayor to sign a letter of engagement and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall to audit accounts of the City of Cleveland for the period July 1, 2017 through June 30, 2018. RESOLUTION NO: 2018-43 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH ARNETT, KIRKSEY, KIMSEY, SULLIVAN, LAY & HALL, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, to audit the accounts for the period from July 1, 2017, through June 30, 2018, with a fee of $49,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 114 REGULAR SESSION MAY 14, 2018 PAGE -114- MINUTE BOOK 29 • Resolution No: 2018-44 – Approving the FY2019 Appropriations. RESOLUTION NO: 2018-44 CITY OF CLEVELAND APPROPRIATION RESOLUTION WHEREAS, the City of Cleveland recognizes that its citizens have various needs which must be addressed; and WHEREAS, the municipal government has neither the expertise or manpower to assist its citizens with all their special needs; and WHEREAS, several not-for-profit organizations have been established over the years to help the citizens with their special needs; and WHEREAS, the enclosed organizations have demonstrated, through their financial statements and by reputation, to be of service in enhancing the quality of life in this area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that these contributions be made for FY 2018-2019: Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-45 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Electric System. RESOLUTION NO: 2018-45 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S ELECTRIC SYSTEM WHEREAS, section 7-52-304 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of an electric system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the electric system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the electric system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-52-304; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; p. 115 REGULAR SESSION MAY 14, 2018 PAGE -115- MINUTE BOOK 29 Section 1. The Cleveland Utilities Board electric system is hereby directed to pay to the City of Cleveland $2,147,000 in tax equivalents for FY2019. Section 2. This resolution shall become effective July 1, 2018 the public welfare requiring it. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-46 - Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Water System. RESOLUTION NO: 2018-46 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a water system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the water system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board water and wastewater system is hereby directed to pay to the City of Cleveland $232,000 in tax equivalents for FY2019. Section 2. This resolution shall become effective July 1, 2018 the public welfare requiring it. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 116 REGULAR SESSION MAY 14, 2018 PAGE -116- MINUTE BOOK 29 • Resolution No: 2018-47 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Wastewater System. RESOLUTION NO: 2018-47 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WASTEWATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a wastewater system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the wastewater system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board wastewater system is hereby directed to pay to the City of Cleveland $215,000 in tax equivalents for FY2019. Section 2. This resolution shall become effective July 1, 2018 the public welfare requiring it. Adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-48 – Regarding the Cleveland City Schools Federal Project Fund. RESOLUTION NO: 2018-48 A RESOLUTION REGARDING THE CLEVELAND CITY SCHOOLS FEDERAL PROJECT FUND THAT WHEREAS, the Cleveland City Schools receive monies from the federal government to assist with the educational programs of the local school system; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in regular session assembled this 14th day of May, 2018, as follows: Section 1. That the Cleveland City Schools General Fund is hereby approved, and the budget for the Cleveland City Schools Federal Project Fund shall be the budget for the separate projects approved within the fund by the Tennessee Department of Education and for the No Child Left Behind projects as approved by the Cleveland Board of Education. p. 117 REGULAR SESSION MAY 14, 2018 PAGE -117- MINUTE BOOK 29 Section 2. That a certified copy of this Resolution shall be furnished to the Director of Schools to forward to the Tennessee Department of Education as proof of compliance with its regulations regarding federal project funds. Section 3. That this Resolution shall be and remain in full force and effect from and after its date of adoption. Passed and adopted this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-49 - Annual Review of the City’s Debt Management Policy. RESOLUTION NO: 2018-49 A RESOLUTION AMENDING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CLEVELAND WHEREAS, the Tennessee Comptroller of the Treasury issued provisions regarding the establishment of a debt management policy; and WHEREAS, the Comptroller’s provisions require that cities annually review its debt management policy; and WHEREAS, the City of Cleveland adopted its Debt Management Policy on November 14, 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Manager, Assistant City Manager/CFO, and the Mayor and City Council have reviewed the City of Cleveland Debt Management Policy and do not recommend any changes to the policy at this time. The City’s Debt Management Policy will be reviewed annually during the budget process, which process allows public input. Approved the 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-50 – Authorizing the submission of the 2018 Tennessee Agriculture Enhancement Program grant to increase tree population. RESOLUTION NO: 2018-50 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2018 TENNESSEE AGRICULTURE ENHANCEMENT PROGRAM WHEREAS, the State of Tennessee Department of Agriculture is requesting project proposals through the Tennessee Agricultural Enhancement Program (TAEP) to increase tree populations and enhance the benefits they provide; and p. 118 REGULAR SESSION MAY 14, 2018 PAGE -118- MINUTE BOOK 29 WHEREAS, each winning proposal may be awarded a total up to $20,000 in grant funds, which will be used to reimburse expenses on a monthly basis, for a maximum of five months. The TAEP offers a 50/50 matching cost-share program for tree planting on public property; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to apply for the grant application, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Agriculture. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to sign and submit a grant application with the State of Tennessee Department of Agriculture on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Agriculture. Adopted this 14th day of May, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-51 – Authorizing the submission of an application for the FY2018 Bulletproof Vest Partnership Grant ($20,000; 50% reimbursement). RESOLUTION NO: 2018-51 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A BULLETPROOF VEST PARTNERSHIP GRANT FOR FY 2018 YEAR THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY 2018 Bulletproof Vest Partnership Grant through the United States Department of Justice, Bureau of Justice Assistance, for bulletproof vests to be used in the Cleveland Police Department; and WHEREAS, the cost of these 25 vests is $20,000.00 ($800 each), and the grant, if approved, would reimburse the City for 50% of the cost of these vests, or $10,000.00; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application, and to accept the grant if approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the City of Cleveland is hereby authorized to apply for this grant, and the Mayor is hereby further authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents and to take any other action on behalf of the City that may be necessary or appropriate for the City to accept this grant. p. 119 REGULAR SESSION MAY 14, 2018 PAGE -119- MINUTE BOOK 29 This 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-53 – Authorizing the submission of the 2018 AARP Community Challenge Grant. RESOLUTION NO: 2018-53 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2018 AARP COMMUNITY CHALLENGE GRANT WHEREAS, the MPO Coordinator is recommending that the City apply for a 2018 AARP Community Challenge Grant as set forth in the attached memorandum dated May 8, 2018; and WHEREAS, the proposed grant application is for bus shelters in three different locations as set forth in the attached memorandum; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to apply for the grant application, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to sign and submit a grant application on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City. Adopted this 14th day of May, 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Designating Depositories for the City of Cleveland. ANDREW JOHNSON BANK ATHENS FEDERAL COMMUNITY BANK BANK OF CLEVELAND BB&T BANK BOWATER CREDIT UNION FIRST TENNESSEE BANK SMART BANK (FSG BANK) PINNACLE BANK REGIONS BANK SOUTHEAST BANK AND TRUST SOUTHERN HERITAGE BANK SUNTRUST BANK TENNESSEE VALLEY FEDERAL CREDIT UNION UNITED COMMUNITY BANK p. 120 REGULAR SESSION MAY 14, 2018 PAGE -120- MINUTE BOOK 29 • Surplus Update - Various items sold on GovDeals for Park & Recreation and Development & Engineering. • Bid Update – Signage for Exit 25. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda B. Carroll DATE: May 8, 2018 SUBJECT: Signage for Exit 25 – Bid Report Bids were received on Thursday, May 3, 2018 for signage on the newly constructed wall at Exit 25 from Ortwein Signs and Southern Advertising & Sign Service. Due to clarifications needed on the drawing that was provided in the bid document, both vendors submitted a non-responsive bid. Therefore, I would like to respectfully request the City Council reject the bids that were submitted. I will re-bid this project immediately with revisions to the drawing. • Street Light Recommendation – Abby Hagan located at Fletcher Road (Cleveland Utilities recommends the addition of two 51-watt LED fixtures on existing power poles to bring the roadway to City street lighting guidelines). Councilman Hughes moved to approve the Consent Agenda. The motion was seconded by Councilman May; and upon roll call, the motion to approve the consent agenda was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May stated his three names for the 2030 Vision Committee were Roger Jenne, Clark Campbell and Desha Conn. Councilman Banks stated his three names were Beverly Johnson, Travis Henry and Bailey Jones for the 2030 Vision Committee. p. 121 REGULAR SESSION MAY 14, 2018 PAGE -121- MINUTE BOOK 29 Vice Mayor Johnson stated his three names for the 2030 Vision Committee were Demetrius Ramsey, Joe Sharp and Linda Burris. Councilman Cassada stated his three names were Dr. DeWayne Thompson, Chris Berry and Bill Brown for the Committee. Councilman May stated he would like to thank the three people he has spoken to for giving of their time to help Cleveland. Mr. Fivas stated a schedule would be given to all members and a press release would be issued but he is anticipating mid-June for the first meeting. Larry Bowers then introduced the new reporter for the Cleveland Daily Banner Tim Singer. Councilman Hughes stated he turned his names in to Sue Zius, which were Bill Hamilton, Mickey Torbett and Dan Bowles. Councilman Estes gave his names during the 1:00 session, which were Logan Kirkpatrick, Terri Dye and Kez Pugh. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2018-13 – Rezoning 0.37 acres located at 3910 North Ocoee St (Tax Map 042G Group D Parcel 27.00) from R1 Single Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved, subject to Andrew Morgan getting a legal opinion providing the zoning is not contrary to the restrictive covenant of the subdivision. Vote: 6-3). Zoning Ordinance No: 2018-13 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 Approximately 0.37 acres, more or less, located at 3910 N. Ocoee Street as shown on the attached map and identified as Tax Map 42G Group D Parcel 27.00, being the same property described in a Warranty Deed from Ricky L. Young and wife Deborah J. Young to DCP Properties, a Tennessee General Partnership, as recorded in Bradley County Registers Deed Book 2101 pages 853-854, being described as the western portions of Lots Thirteen (13) and Fourteen (14) in the W.M. Watson property addition as shown in the plat of record in Plat Book 1, page 178 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 p. 122 REGULAR SESSION MAY 14, 2018 PAGE -122- MINUTE BOOK 29 Exhibit A Mr. Morgan spoke regarding the signatures required from the neighborhood have been obtained except for 2 signatures, which Mr. McCoin stated were not required from the condo. Councilman May moved that Zoning Ordinance No: 2018-13 be approved on first reading. The motion was seconded by Councilman Banks; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2018-16 – FY2018 Budget Amendments. ORDINANCE NO: 2018-16 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2017-2018 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2017-2018 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 123 REGULAR SESSION MAY 14, 2018 PAGE -123- MINUTE BOOK 29 p. 124 REGULAR SESSION MAY 14, 2018 PAGE -124- MINUTE BOOK 29 p. 125 REGULAR SESSION MAY 14, 2018 PAGE -125- MINUTE BOOK 29 p. 126 REGULAR SESSION MAY 14, 2018 PAGE -126- MINUTE BOOK 29 Councilman Banks moved that Ordinance No: 2018-16 be approved on first reading. The motion was seconded by Councilman Estes. Mr. McKay explained that he was transferring a little money to CIP to cover overruns on projects and the General Fund will have a little fund balance at the end of the fiscal year. Upon roll call, the motion was unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2018-17 – Amending Section 2.8.1.B and Table 1 of the Zoning Regulations concerning the allowable uses within the CN Neighborhood Commercial Zoning District (Planning Commission: Approved 7-0; 2 members absent). ORDINANCE NO: 2018-17 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 2.8.1B AND TABLE 1 SO AS TO CLARIFY THE PERMITTED USES WITHIN THE CN NEIGHBORHOOD 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 intent of the language in the existing zoning resolution concerning the permitted uses within the CN Neighborhood Commercial Zoning District; and WHEREAS, the current uses permitted within the PI Zoning District referenced within the zoning ordinance is no longer in effect; and WHEREAS the City Council has determined that the existing ordinance should be revised to clarify that the uses currently permitted within the PI Professional Institutional Zoning District are intended to be allowed in the CN Zoning District; 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 2.8.1.B to read as follows: Section 2. 2.8.1.B shall be revised include the following as a permitted use: p. 127 REGULAR SESSION MAY 14, 2018 PAGE -127- MINUTE BOOK 29 B. Uses permitted. Professional-institutional Zoning District uses permitted as prescribed in section 2.9, Professional Institutional Zoning District, of this zoning ordinance; barber shop, beauty shop, restaurants but excluding a restaurant establishment that is defined as a fast-food or drive-in restaurant, dry cleaning, excluding drive-in window service and coin-operated laundry, hardware store, drug store, grocery store, nursery or garden store, bakery, shoe repair, apparel shops, self-service gasoline station limited to three (3) pumps per district and excluding auto repair, branch banks with drive-in window service, residential district uses. Section 3. Table 1 within the Zoning Ordinance shall reflect the following: The uses permitted within the PI Professional Institutional Zoning District shall be permitted within the CN Neighborhood Commercial Zoning District. 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. 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 May moved that Ordinance No: 2018-17 be approved on first reading. The motion was seconded by Councilman Hughes. Councilman Estes asked what does this amendment do. Mr. Jobe stated this ordinance is only taking out the table, basically a housekeeping item. Upon roll call, the motion was unanimously passed. The following Resolution was then presented in full: • Resolution - Initial Resolution authorizing the incurrence of indebtedness by the City for costs relating to Candies Creek Cherokee Elementary School. RESOLUTION NO: 2018-54 INITIAL RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TEN MILLION SEVEN HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($10,750,000) GENERAL OBLIGATION BONDS, SERIES 2018 OF THE CITY OF CLEVELAND, TENNESSEE BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee (the "Municipality") that for the purpose of financing, in whole or in part, (i) the acquisition, construction, improvement and/or equipping of schools; (ii) the acquisition of all property, real or personal, appurtenant thereto, or connected with such public works projects; (iii) payment of architectural, engineering, legal, fiscal and administrative costs incident to the foregoing; and (iv) payment of costs incident to the issuance and sale of the bonds authorized herein, there shall be issued bonds, in one or more emissions, of said Municipality in the aggregate principal amount of not to exceed $10,750,000, which shall bear interest at a rate or rates not to exceed five percent per annum (5.00%), and which shall be payable from unlimited ad valorem taxes to be levied on all taxable property within the corporate limits of the Municipality. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Clerk of the Municipality be, and is, hereby directed and instructed to cause the foregoing initial resolution relative to the issuance of not to exceed $10,750,000 general obligation bonds to be published in p. 128 REGULAR SESSION MAY 14, 2018 PAGE -128- MINUTE BOOK 29 full in a newspaper having a general circulation in the Municipality, for one issue of said paper followed by the statutory notice: NOTICE The foregoing resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition signed by at least ten percent (10%) of the registered voters of the Municipality shall have been filed with the City Clerk of the Municipality protesting the issuance of the bonds, such bonds will be issued as proposed. Shawn McKay, City Clerk This Resolution shall be in immediate effect from and after its adoption, the public welfare requiring it. Adopted and approved this 14th day of May, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk STATE OF TENNESSEE ) COUNTY OF BRADLEY ) I, Shawn McKay, certify that I am the duly qualified and acting City Clerk of the City of Cleveland, Tennessee, and as such official I further certify that attached hereto is a copy of excerpts from the minutes of a regular meeting of the governing body of the Municipality held on May 14, 2018; that these minutes were promptly and fully recorded and are open to public inspection; that I have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record insofar as said original record relates to an initial resolution for not to exceed $10,750,000 in indebtedness of the Municipality. WITNESS my official signature and seal of said Municipality on this the _____ day of ________________, 2018 ________________________________________ City Clerk Mr. Fivas presented two bond financing options for the new Cherokee Elementary School. He reviewed the following document and stated if the Council chose option 2 they would still have the opportunity to approve the competitive bid and compare with the Bond Fund, who could put their bid in the open market as well. Mayor Rowland asked if Cumberland Securities was involved. Mr. McKay stated we would not be dealing with Cumberland Securities. Mr. Fivas stated we understand the relationship. Councilman Cassada moved to use option 2 and use the competitive bid/open market. The motion was seconded by Vice Mayor Johnson. Councilman Banks asked Mr. McKay what he recommended. Mr. McKay replied we should at least take a look and see if we can lock in 20-year fixed debt for around 3%. Going forward, as city policy, it makes sense on some of the smaller issues that we could continue to use the Bond Fund because the cost of issuance is cheaper. Councilman Cassada asked if we could look at 15yr vs 20yr. Mr. Fivas stated we can look at it but your payment will be a couple hundred thousand dollars more. Councilman Hughes inquired about the difference in the cost of issuance. Mr. McKay stated you have underwriting fees and credit agency fees but over 20 years you still have a savings. Councilman Banks stated option 2 would help our fixed/variable ratio. Mr. McKay stated yes. Upon roll call, the motion was unanimously passed. p. 129 REGULAR SESSION MAY 14, 2018 PAGE -129- MINUTE BOOK 29 Councilman Banks moved to authorize Travis Henry to initiate necessary legal procedures to enforce the zoning ordinances of Cleveland, concerning the metal salvage business on South Lee Highway, being in a zone which is not heavy industrial, which is required by our present zoning and planning regulations. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Mayor Rowland stated a letter has been received from The Pool stating a dividend return would be received by the City of Cleveland this year in the amount of $49,224. Councilman Estes introduced grad students from his Organizational Theory Class who were in attendance. ANNOUNCEMENTS • No June 11th Council meeting due to the TML Annual Conference. There being no future business the meeting was adjourned at 3:31. _________________________________ ______________________________ Mayor City Clerk