Cleveland City Council

p. 211 REGULAR SESSION SEPTEMBER 24, 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, SEPTEMBER 24 2018 AT 3:00 P.M. AT THEIR REGULAR MEETING PLACE IN THE CLEVELAND MUNICIPAL BUILDING. Present and presiding was Mayor Kevin Brooks. Also present were Vice Mayor Avery Johnson, Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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, Public Works Director; Police Chief Mark Gibson; Mark Fidler, Jetport Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kim Spence, Interim Human Resource Director; Bethany McCoy with Lee University; Brian Moran, Social Media; Sharon Marr with Mainstreet Cleveland; Doug Berry with the Chamber of Commerce; David Durkin; Tad Bacon with Cleveland Utilities. Following the Pledge of Allegiance to the American Flag and prayer by Dr. John Franklin with North Cleveland Church of God 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 September 10, 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 Brooks read the following Proclamation for Mayor Tom Rowland: Councilman Hughes moved to accepted the proclamation declaring Mayor Tom Rowland as Mayor Emeritus. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Mayor Brooks then presented Mayor Rowland with his proclamation. p. 212 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -212- MINUTE BOOK 29 Mayor Brooks then read the following letter from the State of Tennessee Department of Veterans Services: Sid Heidel, Vice Chairman of the Southeast Veterans Council thanked everyone for their support of the project. We have a way to go and they will let everyone know when groundbreaking will take place but it will be a great day for all citizens. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by the property owner to rezone 6.3 acres located off Tonia Dr SW (Tax Map 56 Parcel 51.27) from CH Commercial Highway Zoning District to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by the property owner to rezone .21 acres located at 308 West Inman St (Tax Map 049N Group J Parcel 18.00) from CBD Central Business District to MU Mixed Use Zoning District. Corey Divel gave a brief staff report. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request by the property owner to rezone 2.6 acres located at 1405 Morrison Ln NE (Tax Map 42 Parcel 22.03) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Corey Divel gave a brief staff report. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. No one spoke. Mayor Brooks asked if p. 213 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -213- MINUTE BOOK 29 anyone would like to speak in opposition of the approval of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning the Consolidated Annual Performance Evaluation (CAPER) for the 2017-2018 Community Development Block Grant Program. Mayor Brooks asked if anyone would like to speak in favor of the approval of the CAPER. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the CAPER. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning the 2019 Action Plan for the Community Development Block Grant Program. Mayor Brooks asked if anyone would like to speak in favor of the approval of the 2019 Action Plan. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the 2019 Action Plan. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution No: 2018-77 – Authorizing the submission of a grant application for the TML Driver Safety Grant. RESOLUTION NO: 2017-77 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE TML RISK MANAGEMENT POOL “DRIVER SAFETY” MATCHING GRANT PROGRAM WHEREAS, the safety and well being of the employees and citizens of the City of Cleveland, Tennessee are of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace and to increase safe driving practices for the City of Cleveland employees; and WHEREAS, the TML Risk Management Pool seeks to encourage a safe workplace and safe operation of motor vehicles by offering the “Driver Safety” Matching Grant Program; and, WHEREAS, the City of Cleveland previously participated in the program in prior years and now seeks to participate again in this important program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for the above referenced program through the Loss Control Department of the Risk Management Pool for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. Adopted this 24th day of September, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 214 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -214- MINUTE BOOK 29 • Resolution No: 2018-78 – Adopting additional rental fees for the Greenway Park Stage. RESOLUTION NO: 2018-78 A RESOLUTION ADOPTING ADDITIONAL RENTAL FEES FOR THE GREENWAY PARK STAGE EFFECTIVE MARCH 1, 2019 WHEREAS, the City of Cleveland, through its Parks and Recreation Department, seeks to develop and establish fair and consistent fees and charges for residents and non-residents who utilize the City of Cleveland’s recreational facilities; and WHEREAS, the City of Cleveland and State of Tennessee recently invested $75,000.00 in providing sound, lighting and video enhancements and capabilities to THE STAGE at Greenway Park to offer additional recreational programs for outdoor concerts, movies, and festivals to enhance the quality of life Cleveland residents and visitors; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to establish a rental fee to utilize the sound, lighting and video equipment for THE STAGE at Greenway Park which will go into effect on March 1, 2019; and WHEREAS, based on the recommendation of City staff, the Council desires to establish a rental fee of $400.00 for up-to six hours, and $800.00 for up-to twelve hours, and to further authorize City staff to prepare and execute any documents or take any other actions which may be necessary or appropriate to implement this new rental fee schedule on March 1, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland hereby approves of a rental fee of $400.00 for up-to six hours, and $800.00 for up-to twelve hours to utilize the sound, lighting and video equipment for THE STAGE at Greenway Park; and BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that City staff be and hereby are authorized to prepare and execute any other documents or take any other actions which may be necessary or appropriate to implement this rental fee schedule which will take effect on March 1, 2019. Adopted this 24th day of September 2018 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-79 – Supporting an application to TDOT for the Transportation Alternatives Program funding for Greenway Phase VI. RESOLUTION NO: 2018-79 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES PROGRAM FUNDING WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Transportation Alternative Program (TAP) for a project described as the “Greenway Phase VI”; and p. 215 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -215- MINUTE BOOK 29 WHEREAS, the City of Cleveland has worked with the Greenway Advisory Board, Cleveland Urban Area MPO, and others to develop the concept plan for the Greenway Phase VI TAP application in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. Pending the Mayor’s evaluation of any input received in a September 27, 2018 public involvement meeting, the application for TAP funds is hereby endorsed for the Greenway Phase VI Project with a total construction cost of up to $941,000 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 24th day of September, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-80 – Initial resolution authorizing the issuance of debt in the amount not to exceed Six Million Dollars General Obligation Bonds, Series 2018 for Cleveland Utilities. RESOLUTION NO: 2018-80 INITIAL RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED SIX MILLION AND N0/100 DOLLARS ($6,000,000) 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 improvement and extension of the electric distribution system of the Municipality, (ii) the improvement and extension of the water and wastewater system of the Municipality, (iii) the acquisition of all property, real or personal, appurtenant thereto, or connected with such public works projects; (v) payment of architectural, engineering, legal, fiscal and administrative costs incident to the foregoing; (vi) reimbursement to the Municipality for any funds expended for any of the foregoing prior to the issuance of the bonds referred herein; and (v) 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 $6,000,000, which shall bear interest at a rate or rates not to exceed five and one-half percent per annum (5.50%), and which shall be payable from unlimited ad valorem taxes to be levied on all taxable property within the corporate limits of the Municipality, provided that the respective portions of the bonds that finance improvements to the water and wastewater system and the electric distribution system of the Municipality shall also be payable from but not secured by the revenues of such respective systems. 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 $6,000,000 general obligation bonds to be published in full in a newspaper having a general circulation in the Municipality, for one issue of said paper followed by the statutory notice: NOTICE p. 216 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -216- MINUTE BOOK 29 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 24th day of September, 2018. /s/ Mayor ATTEST: /s/ City Clerk • Resolution No: 2018-81 – Authorizing the Mayor to sign a contract with Teresa Torbett for CDBG Services. RESOLUTION NO: 2018-81 WHEREAS, the City Council desires to retain Teresa Torbett as an independent contractor to provide Community Development Block Grant (hereafter “CDBG”) services to the City relating to the CDBG program, and WHEREAS, the City Council desires to approve of the attached contract with Teresa Torbett for these services, and to further authorize the Mayor to execute the contract 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 contract with Teresa Torbett, and it further authorizes the Mayor to execute the contract on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-82 – Approving the Consolidated Annual Performance Evaluation (CAPER) for the 2017-2018 Community Development Block Grant Program. RESOLUTION NO: 2018-82 A RESOLUTION APPROVING OF THE 2018 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee passed Resolution 2018-55 on June 25, 2018; and WHEREAS, in that Resolution, the 2018 Action Plan was approved by the City Council, and City staff was authorized to submit the plan to the United States Department of Housing and Urban Development (HUD); and p. 217 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -217- MINUTE BOOK 29 WHEREAS, the 2018 Consolidated Annual Performance Evaluation Report (CAPER) has been prepared by City staff, and a summary of the same is attached to this Resolution for review and approval by the City Council; and WHEREAS, the City Council desires to approve of the 2018 Consolidated Annual Performance Evaluation Report (CAPER) which has been prepared by City staff, and to authorize the same to be submitted to the United States Department of Housing and Urban Development (HUD). NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves of the 2018 Consolidated Annual Performance Evaluation Report (CAPER) which has been prepared by City staff, and authorizes the same to be submitted to the United States Department of Housing and Urban Development (HUD). Approved this 24th day of September, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2018-83 – Supporting an application to TDOT for the Multi- Modal Access Grant Program funding for the North Lee Highway Sidewalks and Transit-related Improvements. RESOLUTION NO: 2018-83 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE MULTI-MODAL ACCESS GRANT PROGRAM FUNDING WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Multi-modal Access Grant Program for a project described as the “North Lee Highway Sidewalks and Transit-related Improvements”; and WHEREAS, the City of Cleveland has worked with the Cleveland Urban Area MPO, the Cleveland Urban Area Transit System, TDOT and others to develop the concept plan for the North Lee Highway Sidewalks and Transit-related Improvements project in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application to TDOT for Multi-modal Access Grant funds is hereby endorsed for the North Lee Highway Sidewalks and Transit-related Improvements project with a total expected eligible project cost of $994,873 with a City of Cleveland participation of 5% of the total eligible project costs. 2. 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. Approved this 24th day of September, 2018. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Tom Rowland, Mayor ___________________________ Shawn McKay, City Clerk p. 218 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -218- MINUTE BOOK 29 • Surplus Property – Declaring several cars surplus property from the Police Department and transferring them to the Fire Department for training purposes. MEMO: TO: MAYOR & CITY COUNCIL FROM: Melinda Carroll DATE: September 12, 2018 SUBJECT: Surplus Property I respectfully request the City Council declare the following vehicles that have been retired due to age, wrecked or cost of repairs surplus and allow the Fire Department to use for training: 1997 Crown Vic #28398 1998 Crown Vic #58457 1998 Crown Vic #58458 1998 Crown Vic #58459 1998 Crown Vic #58445 1999 Crown Vic #42801 2000 Crown Vic #72927 2000 Crown Vic #72933 2000 Crown Vic #72961 2000 Crown Vic #72908 2002 Crown Vic #15138 2002 Crown Vic #15115 2003 Crown Vic #13301 2003 Crown Vic #13290 2004 Crown Vic #66092 2004 Crown Vic #66073 2007 Crown Vic #14459 • Street Light Recommendation – Jake Bingham located on 6th Street NW (Cleveland Utilities recommends no additional street lights; meet’s city guidelines). The motion was seconded by Councilman Estes. Councilman Estes then thanked Teresa Torbett for the work she has done with the CDBG Program. District 2 is fortunate to see the efforts of the program and the changes it has made in the district. This Federal money is changing lives for those it is intended to and it’s worth every penny. Upon roll call, the motion to approve the consent agenda was unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada congratulated our First Responders for the awards received at the Cleveland 100 Banquet. Thank you to all for keeping the citizens safe and is behind them 100%. Councilman Hughes stated the tennis courts at Tinsley Park are looking great. He then inquired when the project would be finished. Ms. Pettit stated the walkthrough is scheduled for October 2, weather permitting and they should be playable. Councilman Hughes then stated Charlie Smith contacted him about scheduling the tennis courts and the pavilion. Mr. Smith suggested a coordinator over the parks, to not only arrange tennis matches but the pavilions and such. Mr. Fivas responded yes we will have a presentation to the Council on how to reinvent Parks and Recreation and bring ideas forward for thought. Councilman Hughes then inquired about the timeline for the sign at Exit 25. Ms. Carroll stated she spoke to the contractor this morning and they will being work this week and hopefully it will be completed in three weeks. Mr. Fivas added red flags have been placed at the site and if anyone wants changes, now is the time before work begins. Councilman Hughes asked if the riprap will be removed because it is an eyesore. Ms. Carroll stated that is how the wall was designed. Steve Williams stated it could be covering a storm drain that runs behind the wall and agrees it should be removed but because it is a TDOT right-of-way it will have to be p. 219 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -219- MINUTE BOOK 29 coordinated with them. Councilman Hughes asked if it would be a costly item. Mr. Williams responded no and believes it is something that his company and Public Works could do for little or no cost to the City. Councilman Hughes then asked for a motion to be added to new business concerning the Airport Authority. Councilman Webb asked for an update on sidewalks in the area of Blythe Bower School and the old Blythe School. Mr. Fivas stated the project is in two phases. Phase one is the Blythe Bower Park sidewalks to the road past the school. Phase two, which is connecting the retention pond area for the neighborhood. It is on our radar. Councilman Webb then asked about improvements to the crosswalks at Peerless and Norman Chapel Road and if there had been any recommendations. Tad Bacon with Cleveland Utilities stated the lighting in the area will be reevaluated next month and possibly upgraded to LED’s. Vice Mayor Johnson asked when the Advisory Committee will meet and then asked Mayor Brooks to consider our committees reflect the same reflection of the Council and choose people from different districts to ensure we have all of the City involved in the City Committees. Mr. Fivas replied hopefully the Advisory Committee will meet at the end of October or early November. Vice Mayor Johnson continued that he is pleased to see the planning of the new development on Paul Huff Parkway that we’re ahead of the game with discussing traffic and a right-in right-out. However, he is concerned about the Stormwater and asked for staff to take a special look at Stormwater control within the development. Councilman Estes reported there are some groups working with foundations to secure improvements, like sidewalks, in the Blythe area. We could potentially partner with outside money. He appreciates those people in Cleveland working towards that. He continued not a day goes by that he doesn’t received a complement on how great Deer Park is going to be. The neighborhood is excited. He then thanked the School Board for working on a better bus stop for children along Wilson and Aurora Avenue. Lastly, Lee University is turning 100. They will have the main party in November and we should partner with that in some extra ordinary way. It is a big deal for Lee so whatever we can do special to congratulate them. What an asset and will continue to be. Ms. Carroll stated they have already been contact by Dr. Hammond and Ms. McCoy and will work together. Mayor Brooks stated he wanted to take a moment again to thank the citizens of Cleveland for allowing him to serve in the great roll as Mayor. NEW BUSINESS AND ORDINANCES The following Zoning Ordinance was presented in full: • Zoning Ordinance No: 2018-27 – Rezoning 6.3 acres located off Tonia Dr SW (Tax Map 56 Parcel 51.27) from CH Commercial Highway Zoning District to R1 Single Family Residential Zoning District (Planning Commission: Approved 9-0). Zoning Ordinance No: 2018-27 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 CH Commercial Highway Zoning District to R1 Single Family Residential Zoning District Approximately 6.3 acres, more or less, located at off Tonia Dr SW shown on the attached map and identified as Tax Map 56 Parcel 51.27, being the same property described in a Warranty as recorded in Bradley County Registers Deed Book 2025 pages 293. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. p. 220 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -220- MINUTE BOOK 29 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 Exhibit A Vice Mayor Johnson moved that Zoning Ordinance No: 2018-27 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Zoning Ordinance was presented in full: • Zoning Ordinance No: 2018-28 – Rezoning .21 acres located at 308 West Inman St (Tax Map 049N Group J Parcel 18.00) from CBD Central Business District to MU Mixed Use Zoning District (Planning Commission: Approved 9-0). Zoning Ordinance No: 2018-28 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 CBD Central Business District to MU Mixed Use Zoning District Approximately .22 acres, more or less, located at 308 West Inman St as shown on the attached map and identified as Tax Map 49N Group J Parcel 18.00, being the same property described in a Warranty as recorded in Bradley County Registers Deed Book 295 pages 223. 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. 221 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -221- MINUTE BOOK 29 Exhibit A Councilman May moved that Zoning Ordinance No: 2018-28 be approved on first reading. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Zoning Ordinance was presented in full: • Zoning Ordinance No: 2018-29 – Rezoning 2.6 acres located at 1405 Morrison Ln NE (Tax Map 42 Parcel 22.03) from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 9-0). Zoning Ordinance No: 2018-29 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 Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District Approximately 2.6 acres, more or less, located at 1405 Morrison Ln NE as shown on the attached map and identified as Tax Map 42 Parcel 22.03, being the same property described in a Warranty as recorded in Bradley County Registers Deed Book 2271 pages 156. 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. 222 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -222- MINUTE BOOK 29 Exhibit A Councilman May moved that Zoning Ordinance No: 2018-29 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following bid report was then presented: • Bid Report – Georgetown and 25th Street Road Intersection Improvements. BID SUMMARY th S.R. 60 (25 Street) Improvements at Georgetown Road September 18, 2018 1. B & W Contractors DBA/Cherokee Construction Cleveland, TN $749,014.00 2. Caldwell Paving Cleveland, TN $756,670.00 3. Wright Brothers Charleston, TN $1,217,210.00 Recommendation is contingent upon final approval from the State of Tennessee Department of Transportation. The City would like to accept the bid from B & W Contractors/DBA Cherokee Construction of Cleveland with a bid of $749,014.00. Councilman May moved to approve the bid report. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Mr. Fivas presented the following amendment to the Servidores, LLC agreement at the request of Ron Coleman. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: September 24, 2018 p. 223 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -223- MINUTE BOOK 29 SUMMARY: On August 27th, 2018, the City Council approved an agreement with Servitudes LLC to donate property so the City can development a Park & Ride Lot with a CMAQ grant. The CMAQ grant is an approximately $1.7 million grant where the City will contribute 20% of the costs. On September 6th, the owner Ron Coleman notified the City that he is requesting further changes to the agreement. Those changes are: 1) First line of page 3 dealing with environmental considerations: “…inspection and assessment, unless the cost and risk of remediation is insignificant.” 2) Page 3 paragraph # “6.” – delete and replace with “The parties agree to work together and cooperate with TDOT in the design and implementation of the public park and ride parking lot as well as the location and numbers of busses, if any, that the City may wish to park on the lot. We have attached a copy of the previously approved agreement. COMMITTEE FINDINGS: No Committee or Board action. FISCAL ANALYSIS: No known fiscal impact. RECOMMENDATION: Legal Counsel and city staff are available for questions on these changes. Mr. Coleman addressed the City Council concerning the contract amendments and stated they are in agreement of buses but they would like to work together in making decisions. Councilman Cassada stated he doesn’t support using funds for a park & ride lot at this location. We have needs in other areas of the city, such as infrastructure. He feels we can use the matching funds for a parking lot and sidewalks in Cleveland. Also, the park & ride should be closer to the interstate and we fell short at looking for the needs of our citizens. Mr. Coleman replied this is not money that the city has discretion on how to use the money. This money is set for this specific location and project. Vice Mayor Johnson stated he agrees with Councilman Cassada and that we could use the funds to help with the downtown parking needs. Mr. Kimball stated the Council has already voted on the contract. The issue now is, do you want to amend paragraph 6, since the first line of page 3 was already changed. Mayor Brooks clarified that if no motion is made today to amend the contract, then the contract simply stays as it was approved in August. Mr. Kimball stated correct, any contract amends have to be approved by the Council. Mayor Brooks then called for a motion to amend the contract with Servidores, LLC. He then stated the item dies for lack of a motion. Councilman May moved that the Mayor send a letter of intent to TDOT that will address the road situation for Paul Huff Commons development. The motion was seconded by Councilman Estes and added that he would like a phone call made as well from the Mayor. Upon roll call, the motion unanimously passed. p. 224 REGULAR SESSION SEPTEMBER 24, 2018 PAGE -224- MINUTE BOOK 29 Councilman Webb moved to approve the next steps concerning the city’s variable rate debt policy. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Councilman Hughes moved that the next vacancy (to not take the place of anyone particular, only if someone wishes not to serve any longer) on the Airport Authority Board Mayor Tom Rowland would be appointed to serve. The motion was seconded by Councilman May; and upon roll call, unanimously passed. ANNOUNCEMENTS Mayor Brooks reminded everyone that Monday October 8 City Offices will be closed for Columbus Day, therefore no Council meeting until October 22. Also, City Offices will be closed on Monday, November 12 in observation of Veterans Day. No City Council meeting on November 12. The next meeting will be held on Monday, November 26. Councilman Hughes stated he received a letter from North Lee School with several request and he has turned the letter over to the City Manager. Councilman Cassada asked Mayor Brooks if he would reach out to the Bradley County Commission concerning scheduling a joint meeting. Secondly, he would like the City Council to have some type of retreat to discuss the new direction of the City. Mayor Brooks stated he agrees. There being no future business the meeting was adjourned at 4:09 p.m. _________________________________ ______________________________ Mayor City Clerk