Cleveland City Council

p. 384 REGULAR SESSION MARCH 11, 2019 3:00 P.M. MINUTE BOOK 29 BE IT REMEMBERED THAT THE CITY CMOUNCIL OF THE CITY OF CLEVELAND, TENNESSEE MET IN A REGULAR SESSION THIS MONDAY, MARCH 11, 2019 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 Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. 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/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; Kim Spence, Human Resource Director; Patti Petitt, Director of Parks and Recreation; Fire Chief Ron Harrison; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Doug Berry with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Sharon Marr with Mainstreet; Jake Stum; Bill Hamilton; Dale Evans; Harry Johnson; Maureen Pettigrew; Floyd Chastain; Allen and Lois Moses; Nicholas Lillios; Theresa Evans; Joseph Ronca; Katherine Barns; Joyce Stapek; Donna Howard; Dustin Tommey; James and Angela Varnell; Sherri Littrell and Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Todd Colbert with Candies Creek 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 February 25, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks stated today we have a hearing for public comments concerning the application for the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Elxr Wine and Spirits, LLC to be located at 640 W Inman Street. Mayor Brooks asked if anyone would like to speak concerning the application. No one spoke. Mayor Brooks declared the public comments to be closed. Mayor Brooks stated today we have a hearing for public comments concerning the application for the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Red Hot Liquors to be located at 1708 Wildwood Ave. Mayor Brooks asked if anyone would like to speak concerning the application. Dustin Tommey, Director of City Fields, a community development corporation and working in the Blythe Oldfield Neighborhood of southeast Cleveland. On behalf of the neighborhood and the efforts that we are making towards positive change and transformation of that community, we would like to express our concern and I don’t know if disapproval is the right word, but we’re concerned that the location of where Red Hot Liquor would be. It would be detrimental to the community and we would like the Council, city staff and the owners to potentially reconsider that application and move it to another location. There is research behind lower income communities and the location of liquor stores that are directly correlated to violence and crime. We are just concerned that is no the right location for that operation. It is also our understanding that the application may not be 100% complete and if that’s the case we would like for at least, at minimum see the vote postponed until a later Council date where we are able to assess all the details that the Council needs to make a vote on that. Melissa Moses stated she has lived in Oldfield for at least 40 years. It has gone from bad to good and really doesn’t want to see it go back to bad. City Fields has done a lot, several churches have gotten together and have done it nice. We just don’t need the alcohol put into our neighborhood. You are going to make money, but you are going to use more money by adding more police to that neighborhood because there will be police issues every day over there. I don’t see we really need it over there. Catherine Barns stated I am against the Red Hot Liquor store. There are several reasons. I am a resident and live on Hardwick p. 385 REGULAR SESSION MARCH 11, 2019 PAGE -385- MINUTE BOOK 29 Street. My house was built in the 1920’s before the postal system started putting postal numbers on houses. My house has been remodeled. We love our house. We have been there seven years. The house, at one time was wood built home, it is now brick. We love this area. My husband and I worked for TVA out in Spring City. We can live anywhere in this town and we bought our home in the Blythe Oldfield community. My husband was raised there. We have watched over the last few years the works of City Fields and the improvements that have happened there. There are several concerns I have at this point. I understand that Wildwood was grandfathered in as a highway and there are no turn lanes there. It should be looked at, ya’ll should take time to examine that. The level of traffic on that road is astronomical not to have anymore lanes that two. There are wrecks on that road all the time. The Red Hot Battery lines up behind Hardwick Street and Hardwick Street is an alley. There is not enough room on that road for barely two vehicles to pass each other. I have a full- size truck and was over there measuring the road before the meeting. There is 540 feet from Red Hot’s property to the Baptist church, excluding 39 feet of road and easements. So, with the restrictions you have mandated if needs to be reviewed. That 540 feet is government housing. We feel this area does not need that type of influence. Right up the road from Walmart there is a six-lane highway. We just feel our community can not handle the pressures and easements of alcohol. Beer is easy enough to purchase but we have a lot of people that walk in our neighborhoods. I don’t feel like the roads in our neighborhoods can support the additional traffic that will be brought in by thousands of people that are going to come from that area to purchase liquor. I just ask for mercy upon each and everyone one of you gentleman, ladies and first responders, help us and support us in this matter. We are not asking for much, just asking you do your due diligence, a survey and do the research necessary on these roads in this community. Not to elevate our crime. We have less crime than we have in the past. There are wrecks on this road, hitting houses, telephone poles and we just feel the money the city is going to have to put out with this additional traffic is not going to be worth the taxes you are going to make from the sales of liquor. Jake Stum stated he works with City Fields and is also a resident in the Blythe Oldfield neighborhood at 1210 Chippewa Avenue. My family moved in about four months ago to the neighborhood. We have three children, boys and it is common practice that we are up picking up discarded beer cans and things from our yard, next to the park. The amount of people that walk in our neighborhood is significant. It is a walking neighborhood and use of public transportation. We are really proud of the work we have done but we do feel like it is like a toddler, it's really fragile neighborhood. There are great things happening, pretty much anywhere you look improvement. I don’t feel our neighborhood is strong enough yet, stable enough yet for an addition of a liquor store with the amount of people who could walk there and the concentrated amount of poverty, any research you do says that the addition of a liquor store in a community as low income as ours is that’s not a good combination so I would appreciate more thought go into this. Mayor Brooks asked if anyone else would like to speak. Mayor Brooks then declared the public comments to be closed. Mayor Brooks stated today we have a hearing for public comments concerning the application for the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Georgetown Wine & Spirits to be located at Georgetown Road at Westside Drive. Mayor Brooks asked if anyone would like to speak concerning the application. No one spoke. Mayor Brooks declared the public comments to be closed. Nicholas Lillios presented his plan for the 204 Warehouse Renovation project to the City Council, which is next to First Street Square. He will be adding a courtyard, balconies, lots of windows, additional parking for the retail space and apartments on the second floor. He is asking for the Council to help with moving of an existing utility pole, which it has been confirmed that the phone and electrical services feed from other directions, so it is a possibly to move them. Secondly, he asked for the City to install the hardscape, like they did for First Street Square and he will open the parking area for public service. Downtown has been on the rise and there is a demand for residential space and now is the time to move forward with the Downtown Pilot Program. He then thanked the City Council for their time. Councilman Webb asked about parking spaces. Mr. Lillios replied approximately 20 in the front and 5-6 in the rear. Mr. Fivas stated once the Health and Education Board gives a recommendation, we will bring that before the Council as well as take a deeper dive on the two issues that Mr. Lillios mentioned, public parking and the utility pole. We will have more feedback and will bring it back options for Council to consider. p. 386 REGULAR SESSION MARCH 11, 2019 PAGE -386- MINUTE BOOK 29 HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held to hear public comments concerning a request to abandon a portion of unopened right-of-way described as Fernwood Dr NW located off of Robinhood Dr NW. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 5-0; 2 members were absent, and 2 members had not been sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the approval of the abandonment. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the abandonment. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks then stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .63 acres, more or less, located at 4301 Boatright Circle NW (Tax Map 34I Group C Parcels 1.00) from R2 Low Density Single and Multi-Family Residential Zoning District to CG General Commercial Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 4-0; 1 member recused, 2 members were absent, and 2 members had not been sworn-in. 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 to the approval of the abandonment. Mayor Brooks then stated the following letter was received, via email from Andy and Kellye Bender in opposition to the abandonment. p. 387 REGULAR SESSION MARCH 11, 2019 PAGE -387- MINUTE BOOK 29 Jeff Peters, who lives on Tomahawk Circle stated this is putting a commercial property in between two residential houses. He has several concerns with the traffic and feels we have enough commercial in the area. Alvin Word, who lives on Tomahawk Circle stated he is also concerned with traffic. That issue needs to be addressed first before developing this piece of land. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .57 acres, more or less, located at 105 Savannah Ave NE (Tax Map 42G Group D Parcels 26.00) from R1 Single Family Residential Zoning District to R3 Multi Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 4-0; 1 member recused, 2 members were absent, and 2 members had not been sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the approval of the rezoning. Bill Hamilton, who is the owner of the property stated he demolished the existing structure and would like to build one level townhomes which will be sold to individuals. The property will be first class. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is also being held as a public hearing to hear public comments concerning a request to rezone .48 acres, more or less, located near the intersection of Michigan Ave Rd and Benton Pike (Tax Map 50 Parcels 55.02) from R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 5-0; 2 members absent, 2 members not sworn-in. 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 also being held as a public hearing to hear public comments concerning a resolution to annex about .4 acres located on Triplett Circle NW and a resolution to adopt a Plan of Service (POS) for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 5-0; 2 members absent, 2 members not sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the zoning of about .4 acres located on Triplett Circle NW from the unincorporated county to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 5-0; 2 members absent, 2 members not sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the approval of zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the zoning. No one spoke. Mayor Brooks declared the public hearing to be closed. CONSENT AGENDA Councilman May moved to approve the following items from the Consent Agenda: • Final Passage - Ordinance No: 2019-09 – heretofore approved on first reading February 25, 2019 and found in Minute Book 29, Page 368; an ordinance to recognize PUD13 as established in Ordinance 2017-08 as PUD21 (Planning Commission: Approved 6:0; 3 members absent). • Final Passage - Ordinance No: 2019-10 – heretofore approved on first reading February 25, 2019 and found in Minute Book 29, Page 369; amending the Municipal Code Title 4, Chapter 2 concerning the Occupational Safety and Health Program. • Resolution No: 2019-19 – Authorizing the Mayor to sign supplement #2 with Benesch & Company for redesign of sidewalks for 20th Street from Harle to Neely Circle and 17th Street from Keith to North Ocoee Street. p. 388 REGULAR SESSION MARCH 11, 2019 PAGE -388- MINUTE BOOK 29 RESOLUTION NO: 2019-19 WHEREAS, the City is proceeding with two projects generally described as the 17th Street and 20th Street Widening Projects; and WHEREAS, in connection with these projects, the City entered into contracts with Alfred Benesch and Company in 2014 to provide professional engineering services for the projects; and WHEREAS, the City's development and engineering department has received the attached proposed supplement #2 to the existing contract with Alfred Benesch and Company for additional engineering services for the 20th Street Project which will provide additional design and related services from Harle Avenue to Neely Circle as more specifically set forth in the proposal; and WHEREAS, the City's development and engineering department has also received the attached proposed supplement #2 to the existing contract with Alfred Benesch and Company for additional engineering services for the 17th Street Project which will provide additional design and related services from Keith Street to North Ocoee Street as more specifically set forth in the proposal; and WHEREAS, the City's development and engineering department is recommending that the City Council approved of the attached proposed supplements #2 to the existing contracts with Alfred Benesch and Company for these additional engineering services for these projects; and WHEREAS, the City Council desires to accept the recommendation of the City's development and engineering staff and to approve of the attached supplements #2 to the existing contracts with Alfred Benesch and Company and to authorize the Mayor to execute the supplement agreements #2 with Alfred Benesch and Company 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 and accept the attached supplements #2 to the existing contracts with Alfred Benesch and Company for the services and work described in the proposals, and the City Council further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 11th day of March 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-23 – Amending the authorized position lists for the FY2019 Budget. RESOLUTION NO: 2019-23 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2019 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY20190 City Budget; and WHEREAS, this document contains the Schematic List of Classes Grouped by Grade and the Authorized Employees By Fund, Department, and Position Classification Chart; and WHEREAS, the City Manager has requested a change in the authorized positions for a restructure and reclassification in the Parks and Recreation Department in order to expand the programs offered by the department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: p. 389 REGULAR SESSION MARCH 11, 2019 PAGE -389- MINUTE BOOK 29 Section 1. That the document entitled “City of Cleveland, Tennessee Schematic List of Classes Grouped by Grade” located on pages 79 through 82 of the FY2019 City Budget is hereby amended to add the Recreation Program Manager position in Salary Grade 27. Section 2. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 74 through 78 of the FY2019 City Budget is hereby amended to reflect the changes included in Section 1 of this Resolution. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 11th day of March, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-24 – Authorizing a PILOT agreement with Cleveland Summit, L.P. RESOLUTION NO: 2019-24 A RESOLUTION CONSENTING TO THE HEALTH AND EDUCATIONAL FACILITIES BOARD OF THE CITY OF CLEVELAND NEGOTIATING AND ACCEPTING FROM CLEVELAND SUMMIT, L. P. PAYMENTS IN LIEU OF AD VALOREM TAX WITH RESPECT TO A LOW AND MODERATE-INCOME HOUSING FACILITY IN CLEVELAND, TENNESSEE, AND FINDING THAT SUCH PAYMENTS ARE DEEMED TO BE IN FURTHERANCE OF THE PUBLIC PURPOSES OF THE BOARD AS DEFINED IN TENNESSEE CODE ANNOTATED SECTION 48-101-312. WHEREAS, the City Council (the "Governing Body") of the City of Cleveland, Tennessee (the "City") has met pursuant to proper notice; and WHEREAS, the City has previously authorized the incorporation of The Health and Educational Facilities Board of the City of Cleveland (the "Board") as a public nonprofit corporation duly organized and existing under the provisions of Chapter 101, Title 48 of the Tennessee Code Annotated; and WHEREAS, Cleveland Summit, L.P. (the "Company") has requested the Board to hold ownership of certain land upon which a housing facility for low and moderate-income persons will be located in the City, along with the improvements and certain personal property to be located thereon (herein referred to as the "Project"); and WHEREAS, as a part of such discussions, the Company has requested that the Board own the Project and lease the same to the Company or any affiliate of the Company under an arrangement whereby the Company or any affiliate of the Company will make payments in lieu of ad valorem taxes; and WHEREAS, Tennessee Code Annotated Section 48-101-312 authorizes the City to delegate to the Board the authority to negotiate and accept from the lessees of the Board payments in lieu of ad valorem tax upon the finding that such payments are deemed to be in furtherance of the public purposes of the Board as defined in said Code Section; and WHEREAS, the Board, acting at its December 19, 2018 and March 5, 2019 meetings, has unanimously approved a motion (i) recommending the Project’s request in accordance with the term hereinafter described and (ii) requesting consent of the Governing Body to the negotiation of such an agreement by the Board; and WHEREAS, the acquisition, rehabilitation and equipping of the Project would enhance the availability of affordable housing in the City. p. 390 REGULAR SESSION MARCH 11, 2019 PAGE -390- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, as follows: 1. The Governing Body hereby finds that the negotiation and acceptance by the Board from the Company or any affiliate of the Company of payments in lieu of ad valorem taxes consistent with this resolution are deemed to be in furtherance of the public purposes of the Board as defined in Tennessee Code Annotated Section 48-101-301, and the City hereby consents to the Board negotiating and accepting such payments in lieu of ad valorem taxes from the Company with respect to ad valorem taxes and to the Chairman of the Board executing such payment in lieu of tax agreements, leases and other documents to effectuate the payment in lieu of tax approval for the Company. 2. The terms of the agreement between the Board and the Company concerning payments in lieu of ad valorem taxes shall be determined by the Board, provided, however (i) the term of the payment in lieu of taxes shall not exceed fifteen (15) years commencing upon the completion of the project and issuance of a certificate of occupancy; and (ii) no annual payment of ad valorem taxes shall be due during the term of fifteen (15) years following completion of the project and issuance of a certificate of occupancy; and (iii) the agreement shall provide that should the Project fall out of compliance with the terms of the low-income housing tax credit use restrictions the PILOT agreement shall terminate; and (iv) the agreement shall provide that the lease cannot be assigned by the Company to another party without the prior written consent of the governing body and the Board. 3. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may provide that any ad valorem taxes paid by the Lessee to any taxing jurisdiction with respect to its leasehold interest in the Project shall constitute a credit against the payments in lieu of ad valorem taxes due such taxing jurisdiction. 4. The Board's agreement with the Company concerning payments in lieu of ad valorem taxes may contain such administrative provisions not inconsistent with this resolution as the Board deems appropriate. 5. All other resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption. Adopted and approved this 11th day of March, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-25 – Revising the Downtown Pilot Program. RESOLUTION NO: 2019-25 A RESOLUTION TO MAKE CERTAIN FINDINGS RELATING TO THE GRANTING OF INCENTIVES TO DEVELOP HOUSING IN DOWNTOWN CLEVELAND; TO DELEGATE CERTAIN AUTHORITY TO THE HEALTH & EDUCATION FACILITIES BOARD AND THE CITY INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF CLEVELAND, TENNESSEE; TO DEVELOP A PROGRAM FOR DOWNTOWN DEVELOPMENT AS ADOPTED BY RESOLUTION; TO AUTHORIZE THE MAYOR OF THE CITY OF CLEVELAND TO ENTER INTO AGREEMENTS FOR PAYMENTS IN LIEU OF AD VALOREM TAXES MEETING THE CRITERIA OF SAID PROGRAM AND TO PROVIDE FOR A TERMINATION OF THIS INCENTIVE PROGRAM IN TEN (10) YEARS. _____________________________________________________ WHEREAS, pursuant to Tennessee Code Annotated, Sections 7-53-305(b), the City of Cleveland (the “City”) is permitted to delegate to The Health & Education Facilities Board and City Industrial Development Board of the City of Cleveland, Tennessee the authority to negotiate and accept payments in lieu of ad valorem taxes (“PILOTS”) from lessees of the HEFB/CIDB p. 391 REGULAR SESSION MARCH 11, 2019 PAGE -391- MINUTE BOOK 29 upon a finding by the City that such payments are deemed to be in furtherance of the respective HEFB’S/CIDB’s public purposes; and, WHEREAS, the City wishes to encourage the development of housing in the downtown Cleveland area; and WHEREAS, the City has determined that PILOTS from developers of downtown housing would be in furtherance of the HEFB’s/CIDB’s respective public purposes as set forth within the Tennessee Code Annotated; and WHEREAS, the City wishes to set forth the criteria that must be met by developers of downtown housing facilities in order for them to qualify for PILOT treatment at various levels; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. That we do hereby find that the development of all types of downtown housing is in the best interest of the City of Cleveland, and that PILOTS derived therefrom would be in furtherance of the respective public purposes of each of the HEFB/CIDB; and, 2. That, having made such findings, we do hereby delegate to the HEFB/ CIBD the authority to negotiate and accept PILOTS from developers of housing in downtown Cleveland pursuant to the terms of the attached Program for Downtown Housing Development (the “Program”); and, 3. That the Mayor of the City of Cleveland is hereby authorized to enter into Agreements for Payments In Lieu Of Ad Valorem Taxes that meet the criteria of the Program; and, 4. That this Resolution shall be effective for only ten (10) years from its passage, at which time it shall terminate and be of no further force or effect, unless extended by action of this Council. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Street Light Recommendation – Mayor Brooks (on behalf of Matt Simpkins) located at 440 Johnson Ave NW (Cleveland Utilities recommends no additional lighting; meet’s city street lighting guidelines). The motion to approve the consent agenda was seconded by Councilman Hughes; and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman May stated he has received several calls from Bowman Hills Drive, Weeks Drives and West Cherokee Gardens concerning flooding and his response is typically we’ve entered into an agreement with the Army Corps of Engineers to do a study and we are waiting on it. He understood when the agreement was entered into that the Corps of Engineers would come in and present their findings and plan to us. He asked for an explanation on what we are waiting on and a possible timetable. Mr. Jobe stated the Council should have received a copy of the draft p. 392 REGULAR SESSION MARCH 11, 2019 PAGE -392- MINUTE BOOK 29 report, but it is still not finalized. Once their process is complete and we received the final report then we can begin on projects, which they identified seven they will partner with the City (65/35). Councilman May stated the draft did show we were going to have a lot to do and hopefully it will be funded by both sides. The stormwater fee the citizens pay will help fund the city portion. He then asked at some point will they give a presentation so the citizens who have problems can see there will be help in the future. Mr. Jobe stated he will check with the Army Corps. Councilman Hughes thanked Cleveland Utilities for their work on Chilhowee Circle for their work at Raymond Scott’s house to address a flooding issue. He appreciates their work. Also, on Tuesday Doug Berry, Gary Farlow and Melissa Woody from the Chamber of Commerce gave an update at their meeting of past leadership. Lastly, Councilman Hughes stated a flashing light is imperative for the two schools located along North Lee Highway. It is a dangerous area and the leaders of both schools are concerned. He asked staff to review the area. Councilman Webb asked for an update on Norman Chapel Road. Mr. Fivas stated the final designs were submitted in the fall, then it became 2019 and the dates were wrong, so everything was resubmitted. We are waiting on the email to move forward with the bidding process. We understand we should receive that soon. Councilman Webb stated it is not the only road the winter was unkind to, but it is developing issues. Councilman Webb then inquired about Indian Hills Subdivision and solutions for the area. Mr. Fivas stated Tad Bacon is working on a design for the area, which could widen the roadway, we are obtaining traffic counts and looking at different ideas, such as purchasing homes, limiting left turns and creating additional access. We are brainstorming and will work on Peerless/Paul Huff to allowing for some widening. Councilman Webb stated it is one of the projects we don’t need to let grass grow. We need to move as quickly as we can. Vice Mayor Johnson expressed concern about two pieces of property in front of the new Candy’s Creek Elementary School and if the school system needs to look into the possible purchase. We need to limit what can be built there in the future. Councilman Cassada congratulated the Bradley Bearettes on their Basketball State Championship Title and to Councilman Hughes’ granddaughter Kaley Hughes who is a senior this year. Also, Haley Hughes Lee University Flames Golf South Conference Championship. Secondly, Councilman Cassada inquired about the right-in/right-out at Home Depot. Mr. Fivas stated the project is set for late spring, June or July. Councilman Cassada asked about the one at the Target entrance. Mr. Fivas stated we are still waiting on Target to make a final decision due to their concerns on the new development at the mall and feels it could make them less competitive. Councilman Cassada asked if we had right-of-way access to move forward, like we are doing at Home Depot. Mr. Jobe replied no we don’t have enough right-of-way and it is private road. Mayor Brooks thanked Tommy Myers and Public Works for repairing Harris Circle due to the unkind winter. We are grateful for what you do all over town. NEW BUSINESS AND ORDINANCES The following Ordinance was then presented in full: ORDINANCE NO: 2019-11 WHEREAS the owner(s) of all parcels of land fronting on or having their access from the section of City of Cleveland right-of-way described herein, those parcels and owners being identified in the records of Bradley County, Tennessee, have requested that the City of Cleveland abandon its right-of-way in the aforementioned section of right-of-way; and WHEREAS the need for the subject right-of-way has been reviewed, including the need for any utility easements that were identified by the responsible utilities; and p. 393 REGULAR SESSION MARCH 11, 2019 PAGE -393- MINUTE BOOK 29 WHEREAS the proposed right-of-way abandonment has been reviewed and approved by the Cleveland Municipal Planning Commission; and WHEREAS the proposed right-of-way abandonment has been properly posted and advertised and the procedural requirements of Section 16-123 of the Cleveland Municipal Code for the abandonment of city rights-of-way have otherwise been met; and WHEREAS the City Council has determined that it is appropriate to approve the requested right-of-way abandonment identified herein, subject to any easements for utilities and/or other conditions as identified herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: 1. DESCRIPTION RIGHT-OF-WAY TO BE ABANDONED: Subject to the retention of utility easements and/or any other conditions described below and shown in Appendix A, the City of Cleveland, Tennessee intends to and does hereby abandon its public right-of- way interest in the following section of right-of-way: Tract A Beginning at an iron pin located at the southeast corner of the lands of Michael & Janet Townsend, as recorded in BCROD deed book 2480 page 17; thence North 62 degrees 7 minutes East, 71 feet to an iron pin; thence South 27 degrees 53 minutes East, 25 feet to an iron pin; thence South 62 degrees 7 minutes West, 71 feet to an iron pin; thence North 27 degrees 51 minutes West, 25 feet to the point of beginning. Tract B Beginning at an iron pin located at the southwest corner of the lands of Malonna Morgan, as recorded in BCROD deed book 2043 page 882; thence South 62 degrees 7 minutes West, 71 feet to an iron pin; thence North 27 degrees 51 minutes West, 25 feet to an iron pin; thence North 62 degrees 7 minutes West, 71 feet to the point of beginning. 2. RETENTION OF EASMENTS: The City shall retain an easement to maintain access to public electric facilities as long as they remain in place. 3. AREA TO BE ZONED: The area hereby abandoned shall be understood as zoned in the same zoning district as the adjoining zone extending to the centerline of the abandoned right-of-way. 4. CONFLICTS AND SEVERABILITY: All ordinances in conflict herewith are repealed to the extent of said conflict. In the event that any part of this ordinance is ruled to be unlawful by a court of competent jurisdiction, all other parts of the ordinance shall remain in full force and effect. 5. EFFECTIVE DATE: this ordinance shall take effect from and after its passage on final reading and after the time that any parcel which does not currently have road frontage is re-platted to obtain the necessary frontage, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 394 REGULAR SESSION MARCH 11, 2019 PAGE -394- MINUTE BOOK 29 Appendix A Councilman May moved that Ordinance No: 2019-11 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: Zoning Ordinance No: 2019-12 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 R2 Low Density Single and Multi-family Residential Zoning District to CG General Commercial Zoning District. Approximately .63 acres, more or less, located at 4301 Boatright Circle NW as shown on the attached map. For reference, see Book 2029 Page 131 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 34I Group C Parcel 1.00, in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 395 REGULAR SESSION MARCH 11, 2019 PAGE -395- MINUTE BOOK 29 Exhibit Vice Mayor Johnson moved that Zoning Ordinance No: 2019-12 be approved on first reading. Councilman Estes offered a substitute motion to deny Zoning Ordinance No: 2019-12 on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed for denial. The following Zoning Ordinance was then presented in full: Zoning Ordinance No: 2019-13 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 R1 Single Residential Zoning District to R3 Multi Family Residential Zoning District Approximately .57 acres, more or less, located at 105 Savannah Ave NE as shown on the attached map. For reference, see Book 2560 Page 983 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 42G Group D Parcel 26.00, in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 396 REGULAR SESSION MARCH 11, 2019 PAGE -396- MINUTE BOOK 29 Exhibit Councilman May moved that Zoning Ordinance No: 2019-13 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: Zoning Ordinance No: 2019-14 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 R1 Single Family Residential Zoning District to CH Commercial Highway Zoning District. Approximately .48 acres, more or less, located on Michigan Ave Rd as shown on the attached map. For reference, see Book 2474 Page 874 in the Register’s Office of Bradley County, Tennessee, and being shown on Tax Map 50 Parcel 55.02, in the Assessor’s Office for Bradley County, Tennessee. BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 397 REGULAR SESSION MARCH 11, 2019 PAGE -397- MINUTE BOOK 29 Exhibit Councilman May moved that Zoning Ordinance No: 2019-14 be approved on first reading. The motion was seconded by Councilman Hughes. Councilman Estes inquired as to the zoning going north of this property. Mr. Divel stated Whirlpool is Industrial Zoning and R3 as you go further north. Two-thirds of the property is already commercial highway. Councilman Estes asked about the zoning across Michigan Avenue. Mr. Divel stated that is R1, it has changed several times. Upon roll call, the motion was unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2019-20 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT TRIPLETT CIRCLE NW ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and WHEREAS, a Plan of Services for the territory proposed for annexation by owner consent has been reviewed by the Cleveland Municipal Planning Commission; and WHEREAS, the governing body desires to conduct a public hearing on the proposed annexation and plan of services; NOW THEREFORE BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A. That a public hearing is hereby held at 3:00 pm on March 11, 2019 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at an iron pin located at the northeast corner of lot 53 of Green Acres II subdivision, as recorded BCROD plat book 22 page 107; thence south 77 degrees 2 minutes 45 seconds east, 31.09 feet to an iron pin; thence along a right handed curve R-359.84’ L=76.23’ C=90.40’ south 70 degrees 22 p. 398 REGULAR SESSION MARCH 11, 2019 PAGE -398- MINUTE BOOK 29 minutes 43 seconds East to a point in the existing City Limits; then with the existing City Limits south 24 degrees 15 minutes 00 seconds west, 182.54 feet to a point; thence leaving the City Limits north 72 degrees 27 minutes 00 seconds west, 85.78 feet to an iron pin; thence north 7 degrees 33 minutes 2 seconds east, 180.3 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk FEBRUARY 15, 2019 TRIPLETT CIRCLE ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately .40 acres located Triplett Circle NW as described in this report, along with a corresponding plan of service and zoning plan for the area. The area is inside the existing Urban Growth Boundary (UGB). The proposed annexation is proposed to occur in 2019. This report begins with a brief overview of the annexation process and the report then turns to a proposed Plan of Services (POS) for the annexation area. The services described are those that would be necessary for the City to provide under Tennessee law. This area is proposed to receive city services in accordance with the POS. Introduction Public Chapter 1101 (PC 1101), adopted as Tennessee law in 1998, required cities to work cooperatively with other local governments to determine an urban growth boundary (UGB) in which annexations could occur. Cleveland has a twenty-nine square mile UGB that was based on a study of urbanization and service requirements in a fifty square mile urban fringe area. The UGB was amended in January 2010, expanding it near I-75 Exit 20 and in the vicinity of the new airport site near Dry Valley Road. Cleveland can annex property within its UGB by resolution. PC 1101 Section 19 requires a “Plan of Services” (POS) prior to annexation and these services must include: police and fire protection: water, electrical and sanitary sewer services; solid waste collection; road and street construction and repair; recreational facilities and programs; street p. 399 REGULAR SESSION MARCH 11, 2019 PAGE -399- MINUTE BOOK 29 lighting; and zoning services. Public Chapter 225 adopted by the Tennessee General Assembly and signed by Governor Bredesen on June 2, 2003, amended TCA 6-51-102 to include impact on school attendance zones. The total parcel size is .81 acres with .41 acres of the lot currently within the city limits. The purpose of the annexation is to bring the remaining .4 acres into the city. It may be possible that one additional home could be built in the City as a result of this annexation. The property is a portion of the property described as Tax Map 33I Group A Parcel 4.00 and is also recorded as lot 2 of the Mark Whitt property in Plat Book 32 Page 33 in the Bradley County Registers Office. Triplett Circle Legal Description Beginning at an iron pin located at the northeast corner of lot 53 of Green Acres II subdivision, as recorded BCROD plat book 22 page 107; thence south 77 degrees 2 minutes 45 seconds east, 31.09 feet to an iron pin; thence along a right handed curve R-359.84’ L=76.23’ C=90.40’ south 70 degrees 22 minutes 43 seconds East to a point in the existing City Limits; then with the existing City Limits south 24 degrees 15 minutes 00 seconds west, 182.54 feet to a point; thence leaving the City Limits north 72 degrees 27 minutes 00 seconds west, 85.78 feet to an iron pin; thence north 7 degrees 33 minutes 2 seconds east, 180.3 feet to the point of beginning. Plan of Services 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current Station 5 on Freewill Rd. Providing service to this parcel would have no budgetary impact on the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic water, sanitary sewer and fire protection are available to this property. No improvements are necessary to serve this property. p. 400 REGULAR SESSION MARCH 11, 2019 PAGE -400- MINUTE BOOK 29 4. Electric Service Cleveland Utilities is currently providing electric service in this area. There are no issues or concerns. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial and industrial refuse will apply in all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. p. 401 REGULAR SESSION MARCH 11, 2019 PAGE -401- MINUTE BOOK 29 6. Schools This would have minimal impact on the school system. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. The property is proposed for R1 Single Family Residential Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter, then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation will add approximately 0 residents to the 3rd City Council District as it is currently used. p. 402 REGULAR SESSION MARCH 11, 2019 PAGE -402- MINUTE BOOK 29 10. Stormwater a. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. The monthly fee will be $1.63. b. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. c. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The approximate value for the portion of this property currently located in the unincorporated County is $5,750. This would result in a total assessed value is $1,437.50. The property tax generated from this area in its current condition would be about $30 a year. Councilman Hughes moved that Resolution No: 2019-20 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2019-21 A RESOLUTION TO ANNEX CERTAIN TERRITORY UPON WRITTEN CONSENT OF THE OWNERS AND TO INCORPORATE THE SAME WITHIN THE BOUNDARIES OF THE CITY OF CLEVELAND, TENNESSEE TRIPLETT CIRCLE AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on March 11, 2019. p. 403 REGULAR SESSION MARCH 11, 2019 PAGE -403- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED by the City of Cleveland, Tennessee as follows: A.That the following territory is hereby annexed and incorporated into boundaries of the City of Cleveland, to wit: Beginning at an iron pin located at the northeast corner of lot 53 of Green Acres II subdivision, as recorded BCROD plat book 22 page 107; thence south 77 degrees 2 minutes 45 seconds east, 31.09 feet to an iron pin; thence along a right handed curve R-359.84’ L=76.23’ C=90.40’ south 70 degrees 22 minutes 43 seconds East to a point in the existing City Limits; then with the existing City Limits south 24 degrees 15 minutes 00 seconds west, 182.54 feet to a point; thence leaving the City Limits north 72 degrees 27 minutes 00 seconds west, 85.78 feet to an iron pin; thence north 7 degrees 33 minutes 2 seconds east, 180.3 feet to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2019-21 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: ZONING ORDINANCE NO: 2019-15 AN ORDINANCE TO ZONE THE “TRIPLETT CIRCLE LNANNEXATION AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 11th day of March 2019 a notice thereof published in the Cleveland Daily Banner on February 24, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-20; and, WHEREAS, this property was annexed by Resolution No: 2019-21; and p. 404 REGULAR SESSION MARCH 11, 2019 PAGE -404- MINUTE BOOK 29 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. 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, zoned from FAR Forestry/Agricultural/Residential within the unincorporated County to R1 Single Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and shall be zoned in accordance with the legal description described in Exhibit “B”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning at an iron pin located at the northeast corner of lot 53 of Green Acres II subdivision, as recorded BCROD plat book 22 page 107; thence south 77 degrees 2 minutes 45 seconds east, 31.09 feet to an iron pin; thence along a right handed curve R-359.84’ L=76.23’ C=90.40’ south 70 degrees 22 minutes 43 seconds East to a point in the existing City Limits; then with the existing City Limits south 24 degrees 15 minutes 00 seconds west, 182.54 feet to a point; thence leaving the City Limits north 72 degrees 27 minutes 00 seconds west, 85.78 feet to an iron pin; thence north 7 degrees 33 minutes 2 seconds east, 180.3 feet to the point of beginning. Councilman Hughes moved that Zoning Ordinance No: 2019-15 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 405 REGULAR SESSION MARCH 11, 2019 PAGE -405- MINUTE BOOK 29 The following Ordinance was then presented in full: ORDINANCE NO: 2019-16 AN ORDINANCE OF THE CITY OF CLEVELAND TO AMEND TITLE 7, CHAPTER 1, OF THE CLEVELAND MUNICIPAL CODE TO DELETE SECTION 7-101 WHEREAS, the Fire Chief and Fire Marshal have been reviewing Section 7-101 of the Cleveland Municipal Code entitled “Fire Limits”; and WHEREAS, the Fire Marshal and the Fire Chief have determined that the current language in Section 7-101 describes the Fire Limits from 1925, which limits were centrally located around the old #1 fire station that was formerly housed in the City Annex building; and WHEREAS, the Fire Chief and the Fire Marshall are now requesting that this section be deleted in its entirety from Title 7 of the Cleveland Municipal Code because they are of the opinion that the current fire codes have the appropriate safe guards in place for the downtown area, and because the current language in Section 7-101 can be confusing for individuals wanting to do business in the City of Cleveland and the downtown area; and WHEREAS, based upon this recommendation, the City Council desires to amend Title 7, Chapter 1, Section 7-101 of the Cleveland Municipal Code as described herein, and to delete Section 7- 101 in its entirety. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 7, Chapter 2, Section 7-101 of the Cleveland Municipal Code is hereby deleted in its entirety. Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2019-16 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. The following Resolution was then presented in full: RESOLUTION NO: 2019-22 WHEREAS, the City of Cleveland, in conjunction with the Tennessee Department of Transportation, is in the process of constructing sidewalk improvements along 20th Street between Harle Avenue and Neely Circle (hereafter referred to as "the project"); and WHEREAS, the City of Cleveland's development and engineering office has attempted unsuccessfully to acquire the necessary easements across one parcel from the property owners which easements are necessary in order to move forward with the project; and p. 406 REGULAR SESSION MARCH 11, 2019 PAGE -406- MINUTE BOOK 29 WHEREAS, the address for the property owner in question is generally identified as 185 20th Street NE, Tax ID Number 049E-G-016.00; and WHEREAS, the City Council desires to authorize eminent domain proceedings by the City in order to acquire the easements which are necessary to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City's legal representatives be, and hereby are, authorized to institute eminent domain proceedings against the owners of the referenced parcel in order to acquire the easements that are necessary for the project described herein. This 11th day of March, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Resolution No: 2019-22 be accepted as presented. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. Councilman May moved to issue a Certificate of Compliance and Local Liquor Store Privilege License to Elxr Wine and Spirits, LLC to be located at 640 W. Inman Street. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman May moved to delay the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Red Hot Liquors until the March 25 meeting so a second opinion from an attorney could be received concerning the issuance of the certificate. The motion was seconded by Councilman Webb. Councilman Estes stated who do we ask. I am for this. Councilman May stated we talked about it, TML has an attorney on staff and also have attorney’s on retainers that they usually call on who specializes in the field. Mr. Fivas stated yes, and my primary concern is just making sure that our insurance, if something went sideways, that our insurance people are lock step with the Council in moving forward. Councilman May stated he doesn’t feel postponing it one meeting will create a liability for us. Mr. Fivas responded no not with postponing. We are fine with the timing issue. I think if they would say yes you are within the four corners of acting and we will defend you if something happens then we can do that. Councilman May stated you are talking about bringing them on also to look at this besides a second opinion. Mr. Fivas replied you could do both or one. Councilman May stated lets just do both. We are new in the field and it would give us a better feel on what we are doing. That is my motion. Mr. Fivas stated I will find someone, and Mr. Kimball will be kept at arms-length from it and I will email the Council and if you have any concerns or questions they can call me. Councilman May stated he feels that would be better. Mayor Brooks stated we have a motion to ask for a second opinion and insurance coverage. Councilman May stated yes that is his motion. Councilman Webb agreed. Councilman Estes stated Mr. Fivas when you reach out to these individuals I ask that you bring their attention to three things. Section 8-305, end of the section states no liquor store shall be located where the operation of a liquor store at the premises contemplated by would unreasonably interfere with public health, safety, or morals. They need to know where our Shelter is, just how close it is, how the neighborhood is and the situation of that community. Secondly, requirements for buildings containing liquor stores. They have not met that. There are no drawings. You compared this to Elxr that we just voted on, renovated or refurbished, the lighting, there is nothing in the application here. The third thing would be Section 8-313(1)(b) Further Documentation of application. This application is incomplete. There is not enough there on this application. Draw their attention, there are a lot of things that are missing here that give us cover but particularly the first one, 8-305 please draw their attention to that. Mr. Fivas stated we will draw their attention in writing and try to get something in writing back, so you will have a full breath of what their thoughts are on all three of those questions. Councilman Estes stated not just those section the whole thing, all of our p. 407 REGULAR SESSION MARCH 11, 2019 PAGE -407- MINUTE BOOK 29 ordinances going forward. Mayor Brooks asked for the roll call. Upon roll call, the motion unanimously passed. Vice Mayor Johnson moved to delay the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Georgetown Wine & Spirits until the March 25 meeting so a second opinion from an attorney could be received concerning the issuance of the certificate with this one as well. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. Mr. Fivas stated one of the owners was present concerning the eminent domain resolution along 20th Street for sidewalk improvements. Jamie Harper stated they are in favor of the sidewalk project. He explained the holdup has been they recently took management of the property and the previous owner had gotten into this, so we were on the backend going through stuff. He clarified they are in favor and want the sidewalk to happen. We, right before the meeting, the architect, the attorney and David Sheely got us what we supposedly needed, so it’s probably a moot point. Councilman May stated we are all on the same page, we all want sidewalks as soon as possible. Mr. Fivas stated when that would happen, all of the other parcels have been submitted to TDOT for review, we will submit this last one and then we should be a couple weeks away from going to bid on 17th and 20th Street sidewalk, pending TDOT’ s timeliness. There being no future business the meeting was adjourned at 4:20 p.m. _________________________________ ______________________________ Mayor City Clerk