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Cleveland City Council

Regular Meeting

Cleveland, TN · April 22, 2019

AgendaMinutes

Minutes

p. 450 REGULAR SESSION APRIL 22, 2019 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, APRIL 22, 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 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; 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; Jake Stum; Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Senior Pastor Fijoy Johnson with Cornerstone Church the following business was then entered into: WAIVE READING OF MINUTES Vice Mayor Johnson moved that the City Council of the City of Cleveland waive the reading of the minutes of the Regular Session of the City Council held on April 8, 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 There were no Special Presentation and Public Comments. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning the FY2020 Budget. Mayor Brooks asked if anyone would like to speak in favor of the approval of the FY2020 Budget. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the FY2020 Budget. 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: • Final Passage - Zoning Ordinance No: 2019-17 – heretofore passed on first reading April 8, 2019 and found in Minute Book 29, Page 439; rezoning 1.75 acres located on King Edward Ave SE (Tax Map 057E Group G Parcels 4.00, 5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00 and 13.00 from IH Heavy Industry to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Final Passage - Zoning Ordinance No: 2019-18 – heretofore passed on first reading April 8, 2019 and found in Minute Book 29, Page 447; zoning about 1.12 acres located at 702 Martin Dr NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent). • Resolution No: 2019-32 – Authorizing a loan agreement in the principal amount no to exceed $1,771,000 for Wastewater Facilities Project (Cleveland Utilities). p. 451 REGULAR SESSION APRIL 22, 2019 PAGE -451- MINUTE BOOK 29 AUTHORIZING RESOLUTION NO: 2019-32 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANCING OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANCING. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland, Tennessee (the "Local Government"); and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project, Department of Environment and Conservation Number: CW7 2019-431 (the "Project"), in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq., provide for the lending of moneys in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for the project loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of one million seven hundred seventy one thousand dollars ($1,771,000) by the obtaining of a project loan. Section 2. The execution and delivery of the application for a project loan in the principal amount of one million seven hundred seventy one thousand dollars ($1,771,000) for the purpose of funding all or a portion of the total estimated cost of the Project one million seven hundred seventy one thousand dollars ($1,771,000), by Tim Henderson, the President/CEO Cleveland Utilities Board of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"), as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the wastewater system of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. p. 452 REGULAR SESSION APRIL 22, 2019 PAGE -452- MINUTE BOOK 29 Section 8. The Local Government hereby agrees that there are no local pledges of State- Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President/CEO Cleveland Utilities Board of the Local Government is authorized and directed to execute the Loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the Local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project Loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this 22nd day of April, 2019. Mayor Kevin Brooks, City of Cleveland WITNESS: (Affix Seal As Appropriate) Shawn McKay Assistant City Manager/CFO • Resolution No: 2019-33 – Authorizing the Mayor to sign an animal rescue agreement with Tennessee Dachshund Rescue, Inc. RESOLUTION NO. 2019-33 WHEREAS, the Animal Shelter Advisory Board and the Animal Shelter Director are recommending to the City Council that it approve a new rescue agreement with Tennessee Dachshund Rescue, Inc.; WHEREAS, the proposed rescue agreement is attached to this Resolution. 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 rescue agreement with Tennessee Dachshund Rescue, Inc. BE IT FURTHER RESOLVED that the Mayor is authorized to execute this rescue agreement with this rescue group on behalf of the City. [on file in the City Clerk’s Office.] APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, the motion was unanimously passed. p. 453 REGULAR SESSION APRIL 22, 2019 PAGE -453- MINUTE BOOK 29 UNFINISHED BUSINESS Mayor Brooks stated the next item is a motion concerning the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Cleveland Liquor World to be located at 1077 Wildwood Avenue. Mr. Fivas stated our recommendation is that we received the proposal from them last week and we have sent a letter to them. They are working with their architect to see if they can present a drawing to show that it does meet the 2,000 sq. ft. display area requirements. The application was received on March 15 and we have enough time to delay the item until the next meeting to allow them to do their due diligence, which you can certainly do that. Therefore, staff’s recommendation is to delay until they give us some clarification of what some of the questions were. Councilman May moved to delay the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Cleveland Liquor World to be located at 1077 Wildwood Avenue until May 13, 2019. The motion was seconded by Vice Mayor Johnson. Upon roll call, Councilman May, Vice Mayor Johnson, Councilman McKenzie, Councilman Cassada, Councilman Hughes and Councilman Webb voted aye. Councilman Estes voted no. The motion carries 6:1. Mr. Fivas wanted to clarify the suggestion of transfers of locations discussed during the Work Session. Staff will put together a letter that the City Council has expressed an interest to set up a process to allow them to transfer their current certificate of compliance. It would be helpful for the Council to give direction on a deadline to include in the letter. Speaking with a few applicants, there concerns are their entry into the market is delayed. They want to be on the move, so as soon as we can get something in their hands, they can begin looking and negotiating for other locations, so a timeframe will help. Staff suggests August 30, but you can give more time. Councilman May stated it should be a minimum of 90 days from the time we pass the amendments. Councilman Estes agreed. Mr. Kimball stated if you will just tell us the date, he will prepare an ordinance. Councilman May moved to set the transfer application deadline for existing certificate of compliances to September 10, 2019 at 4:00 p.m. The motion was seconded by Councilman Hughes. Mr. Fivas then asked the Council to also establish public hearing dates for the advertisement requirement. You could consider amending your motion to add any public comment period would be at any regular held Council meeting between now and September 10, 2019. Councilman May agreed and amended his motion to say the deadline to turn in transfer applications would be September 10, 2019 at 4:00 p.m. and any regular Council meeting that is held between now and September 10, 2019 can be a date they can establish on their application for public comments. Councilman Hughes seconded the amended motion. Mr. Kimball added they need to run the ad before they bring the application, so they do need the dates. Upon roll call the motion unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Vice Mayor Johnson stated he received a call concerning traffic issues from Ridgeway Drive towards Georgetown Road and the oncoming traffic from Candies Lane, turning at the I75 southbound ramp. He asked if anything could be done in the area. Mr. Fivas responded we are aware of the problem and David Sheely, Tad Bacon, along with TDOT have already begun to study the area. Vice Mayor Johnson asked about the previous discussion concerning moving Candies Lane traffic on the other side of the store. Mr. Fivas stated the project is not funded. Vice Mayor Johnson stated maybe TDOT can help the intersection and appreciates the study. Councilman Webb felt the confusion is the signals and the yield sign for right turn traffic. Possibly additional signage could be discussed. Councilman Estes stated City Fields is having another open house dedication on Tuesday at 13th Street SE. He suggested Councilmembers to drive through the area and see what amazing things are happening. He applauded City Fields for a well-done project. Secondly, he thanked Brian Moran for the social media status reports and suggested a flyer that announces every summer opportunity. He then asked that the pools be ready when it is time to open. Ms. Petitt stated yes, the pools will be ready and also, they plan on publishing a calendar/book to make the public aware of activities. p. 454 REGULAR SESSION APRIL 22, 2019 PAGE -454- MINUTE BOOK 29 Councilman Cassada asked when the Norman Chapel Road project would begin. Mr. Jobe stated we have been given the notice to proceed with the bid last week. The bid opening is scheduled for May 2. Councilman Cassada then inquired about the construction project at 25th Street/Georgetown Road intersection and if the road closure signs could be moved closer to 25th Street so people wouldn’t turn and then be diverted. Also, how does this affect the businesses. Mr. Myers stated they have been contacted by Waffle House concerning construction how it is affecting their business. He said they would reevaluate signage and see what else can be done. Councilman May inquired about when the 17th/20th Street sidewalk project would be bid. Mr. Jobe replied we are waiting on the notice to bid from TDOT. Currently, they are reviewing the right-of-way documents. Hopefully they will have it to us in two weeks. Once we bid the project, the advertisement runs for twenty-one days, TDOT then has thirty days to review the bids. Mayor Brooks asked for Mr. Jobe to keep us updated on the timeline. Councilman Hughes asked if the blinding hill, halfway to the church, which is dangerous, was being taken down any during the Norman Chapel Road project. Mr. Fivas stated he will need to review the plans and get back with him. Councilman Hughes stated that needs to be looked at due to the traffic and visibility. He then asked how much revenue would be added with bringing electrical permits in-house, which was discussed during the budget presentation. Mr. Jobe stated they are still evaluating projections, but are estimating $145,000 a year, which could fluctuate. Councilman Hughes commented it was a good move. Councilman Webb thanked Vice Mayor Johnson for bringing up the issue of Candies Lane traffic. It’s a good time to take a look. He then asked if it was anticipated Norman Chapel Road would be completely closed at any time. Mr. Jobe replied no, it should only be one-lane diversions. NEW BUSINESS AND ORDINANCES The following Ordinance was presented in full: ORDINANCE NO: 2019-19 TAX ORDINANCE - YEAR 2019 AN ORDINANCE TO PROVIDE AND FIX FOR THE CITY OF CLEVELAND, TENNESSEE, FOR THE YEAR 2019, AND SUBSEQUENT YEARS, THE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRIVILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN THE “BUSINESS TAX ACT” KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2019, and each subsequent year thereafter be, and is, $2.06 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the “Business Tax Act”, known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: p. 455 REGULAR SESSION APRIL 22, 2019 PAGE -455- MINUTE BOOK 29 Class 1A 1/10 of 1% retail 1/40 of 1% wholesale Class 1B 1/10 of 1% retail 3/80 of 1% wholesale Class 1C 1/10 of 1% retail 3/80 of 1% wholesale Class 1D 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class 4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $2.06 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: ____________________________________ Councilman McKenzie _____________________________________ ATTEST: Councilman Estes ___________________________ _____________________________________ Shawn McKay, City Clerk Councilman Cassada _____________________________________ Councilman May APPROVED AS TO FORM: _____________________________________ Councilman Hughes _________________________ _____________________________________ John F. Kimball, City Attorney Councilman Webb ___________________________ _____________________________________ Kevin Brooks, Mayor Vice Mayor Johnson Councilman May moved that Ordinance No: 2019-19 be approved on first reading. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 456 REGULAR SESSION APRIL 22, 2019 PAGE -456- MINUTE BOOK 29 The following Ordinance was then presented in full: p. 457 REGULAR SESSION APRIL 22, 2019 PAGE -457- MINUTE BOOK 29 p. 458 REGULAR SESSION APRIL 22, 2019 PAGE -458- MINUTE BOOK 29 p. 459 REGULAR SESSION APRIL 22, 2019 PAGE -459- MINUTE BOOK 29 Councilman Hughes moved that Ordinance No: 2019-20 be approved on first reading. The motion was seconded by Councilman Webb. Vice Mayor Johnson stated he has looked at a lot of budgets and this is one of the most exciting budgets because of what all we plan to do. Thanks to staff for all the hard work, due diligence and especially no tax increase. Councilman Webb stated this is his first opportunity to vote on a budget and thanked Shawn McKay for his time and effort. Councilman Hughes stated he would like to thank Marshall Stinnett for the Cleveland Utilities budget presentation. He has done well. He also thanked the City Schools for their budget presentation and stated he learned a lot concerning the Vocational Education. Councilman Cassada echoed the comments and appreciates staff and Council working together. Upon roll call the motion to approved Ordinance No: 2019-20 was unanimously approved. Mayor Brooks stated Michael McDonald would like to address the Council. Mr. McDonald announced the Summer Stem Academy with Vet-com. Vet-com helps Veterans start businesses and have been in the community for over a year. They have helped over forty-five Veterans start their own businesses. In partnership with the Museum, Vet-com will host a Stem Program free of charge to students. It will be June 10-June 14 from 9am-3pm and lunch will be provided. They will build a fuselage and teach kids how to work together in teams. Signup is available on the Museum Center’s website. There being no future business the meeting was adjourned at 3:38 p.m. _________________________________ ______________________________ Mayor City Clerk

Agenda

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www.clevelandtn.gov Agenda Monday, April 22, 2019 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 2. UPDATES FROM THE CITY MANAGER a. Presentation of City FY2020 Budget b. Presentation of City Schools FY2020 Budget c. Presentation of Cleveland Utilities FY2020 Budget d. Discussion on 1077 Wildwood Ave Liquor Store Application e. Discussion of Liquor License Transfers f. Discussion on Weeks Drive property 3. REVIEW OF 3:00 AGENDA – CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 5. ANNOUNCEMENTS 6. ADJOURNMENT City Council 190 Church St., NE Cleveland, TN 37312 Regular Session www.clevelandtn.gov Agenda Monday, April 22, 2019 3:00 PM Municipal Building ORDER OF BUSINESS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session – April 8, 2019 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 6. HEARING PETITIONS AND COMMUNICATIONS a. Public Hearing – To hear public comments concerning the FY2020 Budget (p. 2-3). 7. CONSENT AGENDA a. Final Passage - Zoning Ordinance No: 2019-17 – Rezoning 1.75 acres located on King Edward Ave SE (Tax Map 057E Group G Parcels 4.00, 5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00 and 13.00 from IH Heavy Industry to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent) (p. 4-7). b. Final Passage - Zoning Ordinance No: 2019-18 – Zoning about 1.12 acres located at 702 Martin Dr NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 8-0; 1 member absent) (p. 8-11). c. Resolution No: 2019-32 – Authorizing a loan agreement in the principal amount no to exceed $1,771,000 for Wastewater Facilities Project (Cleveland Utilities) (p. 12-14). d. Resolution No: 2019-33 – Authorizing the Mayor to sign an animal rescue agreement with Tennessee Dachshund Rescue, Inc (p. 15-22). 8. UNFINISHED BUSINESS a. Motion – Concerning the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Cleveland Liquor World to be located at 1077 Wildwood Avenue (p. 23-29). 9. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 10. NEW BUSINESS AND ORDINANCES a. Ordinance No: 2019-19 – Adopting the 2019 Tax Rate for FY2020 ($2.06) (p. 30-31). b. Ordinance No: 2019-20 – Adopting the FY2020 Budget (p. 32-37). 11. ANNOUNCEMENTS 12. ADJOURNMENT -1- -A- I MOVE THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND WAIVE THE READING OF THE MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL HELD ON APRIL 8, 2019 AND APPROVE THEM AS WRITTEN. ,. -2- TODAY'S MEETING IS BEING HELD AS A PUBLIC HEARING TO HEAR PUBLIC COMMENTS: A. CONCERNING THE FY2020 BUDGET. * WOULD ANYONE LIKE TO SPEAK IN FAVOR OF THE APPROVAL OF THE BUDGET? * WOULD ANYONE LIKE TO SPEAK IN OPPOSITION OF THE APPROVAL OF THE BUDGET? * DECLARATION OF THE CLOSURE OF THE PUBLIC HEARING. -3- LEGAL PUBLICATION PUBLIC HEARIN G Notice is .hereby given that a · public hearing will be held on the 22nd day of April, 2019 at 3:00 p.m. by the. City Council of the City of Cleveland, Ten- · nessee at their regular meeting place _in the Cleveland Munici~ pal Bu11ding, 190 Church Street, NE, to hear public. comments co.ncerning the FY2020 .City Budget. The hearing _is open to "the public. · April 7, 2019 -4- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: April 22, 2019 RE: Final Passage Zoning Ordinance No: 2019-17 Rezoning Request - King Edward Avenue SE SUMMARY: Zoning Ordinance No: 2019-17 Consideration of a rezoning request by City staff for approximately 1.75 acres of property (described as Tax Map 57E Group G Parcels 4.00 through 13.00) located on King Edward Ave SE from IH Heavy Industrial Zoning District to R2 Low Density Single and Multi-family Residential Zoning District. COMMITTEE FINDINGS: Planning Commission member Clarke Taylor made a motion to approve the rezoning request and Jamie Creekmore seconded the motion. A vote of 8-0 passed the motion. Yes-8 No-0 FISCAL ANALYSIS: No Impact RECOMMENDATION: Planning Commission recommends approval of this item. -5- I MOVE THAT ZONING ORDINANCE NO: 2019-17 - REZONING 1.75 ACRES LOCATED ON KING EDWARD AVE SE (TAX MAP 057E GROUP G PARCELS 4.00, 5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00 AND 13.00 FROM 1H HEAVY INDUSTRY TO R2 LOW DENSITY SINGLE AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING APRIL 8, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 439 BE VOTED FOR PASSAGE ON FINAL READING. -6- ZONING ORDINAN CE NO: 2019-17 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 IH Heavy Industry to R2 Low Density Single and Multi-Family Residential. Approximately 1.75 acres, more or less, located on King Edward Ave SE as shown on the attached map. For reference, same property is being shown on Tax Map 57E Group G Parcels 4.00, 5.00 , 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, and 13.00 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: Kevin Brooks, Mayor Shawn McKay, City Clerk -7- Exhibit 7 -8- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: April 22, 2019 RE: Final Passage Zoning Ordinance No: 2019-18 Zoning Request - 702 Martin Drive NW SUMMARY: Zoning Ordinance No: 2019-18 Consideration of zoning request by Linda Howard for consideration of the ordinance to zone about 1.12 acres, more or less, for property located at 702 Martin Dr NW. COMMITTEE FINDINGS: Planning Commission member Tricia Pennington made a motion to approve the request and Maryl Elliott seconded the motion. A vote of 8-0 passed the motion. Yes-8 No-0 FISCAL ANALYSIS: No Impact RECOMMENDATION: Planning Commission recommends approval of this item. -9- I MOVE THAT ZONING ORDINANCE NO: 2019-18 - ZONING ABOUT 1.12 ACRES LOCATED AT 702 MARTIN DR NW FROM THE UNINCORPORATED COUNTY TO Rl SINGLE FAMILY RESIDENTIAL ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING APRIL 8, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 447 BE VOTED FOR PASSAGE ON FINAL READING. - 1 0- ZONING ORDINANCE NO: 2019-18 AN ORDINANCE TO ZONE THE "702 MARTIN DR NW AREA" WITHIN THE CORPORATE BOUNDAR IES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 8th day of April, 2019 a notice thereof published in the Cleveland Daily Banner on March 24, 2019 and WHEREAS , a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-26; and, WHEREAS, this property was annexed by Resolution No: 2019-27; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section l. 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 Zoning within the unincorporated County to Rl 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. APPROVE D AS TO FORM: Kevin Brooks, Mayor Shawn McKay, City Clerk -11- Exhibit A Exhibit B Legal Description Beginning at a point in the east line of Martin Drive where the same is intersected by property described in deed book 293 page 552 in the BCROD office; thence northwardly along the eastern line of Martin Drive 224.33 feet to a point; thence south 58 degrees east, 200.4 feet to Jackson Property; thence South 20 degrees 01 minutes west, 126.8 feet to a point; thence south 23 degrees 24 minutes west, 34.2 feet to the northeast corner of property in deed book 293 page 552 in the BCROD office; thence north 70 degrees 04 minutes west, 274.4 feet to the point of beginning, herein described tract being recorded in BCROD deed book 2519 page 828. -12- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: April 22, 2019 RE: Wastewater Facilities Project - Cleveland Utilities SUMMARY: The project is the Durkee Road Sanitary Sewer Extension. This project provides sewer service to the area around Durkee Road and Harrison Pike annexed to the City in 2010 and 2012. The SRF loan will be for $1,771,000 with $177,100 in loan forgiveness. COMMITTEE FINDINGS: No Committee or Board action FISCAL ANALYSIS: This will be a 20 year loan at a 1.37% interest rate. RECOMMENDATION: City staff recommends approval. -13- AUTHORIZING RESOLUTION NO: 2019-32 RESOLUTION AUTHORIZING AND PROVIDING FOR THE FINANONG OF THE CONSTRUCTION OF A WASTEWATER FACILITIES PROJECT, INCLUDING AUTHORIZING THE EXECUTION OF APPLICATIONS, CONTRACTUAL AGREEMENTS, AND OTHER NECESSARY DOCUMENTS, AND MAKING CERTAIN REPRESENTATIONS, CERTIFICATIONS, AND PLEDGES OF CERTAIN REVENUE IN CONNECTION WITH SUCH FINANONG. WHEREAS, the City of Cleveland is a public and governmental body in Cleveland, Tennessee (the "Local Government"}; and WHEREAS, the Local Government has determined that it is necessary and desirable to undertake certain activities or tasks in connection with a wastewater facilities project, Department of Environment and Conservation Number: CW7 2019-431 (the "Project"}, in and for the Local Government; and WHEREAS, Tennessee Code Annotated, Section 68-221-1001 et. seq .. provide for the lending of moneys in the wastewater facilities Revolving Loan Fund to Local Governments for the purpose of providing funds for the project loans; and WHEREAS, the local Government has determined that it is necessary and advisable to borrow funds for the Project pursuant to these sections. NOW, THEREFORE, be it resolved as follows: Section 1. Local Government hereby approves the creation of indebtedness on behalf of the Local Government in the principal amount of one million seven hundred seventy one thousand dollars ($1,771,000} by the obtaining of a project loan. Section 2. The execution and delivery of the application for a project loan in the principal amount of one million seven hundred seventy one thousand dollars ($1,771,000} for the purpose of funding all or a portion of the total estimated cost of the Project one million seven hundred seventy one thousand dollars ($1,771,000}, by Tim Henderson, the President/CEO Cleveland Utilities Board of the Local Government, is hereby ratified and approved in all respects. Section 3. The form, terms, and provisions of the agreement for the Project Loan among the Local Government, the Tennessee Department of Environment and Conservation and the Tennessee Local Development Authority (the "Loan Agreement"}, as presented at this meeting, are hereby approved. Section 4. The Local Government hereby agrees to honor and accept the method of financing as may be determined by the authority pursuant to the Loan Agreement. Section 5. The Local Government hereby agrees to make the monthly payments on the Project loan in accordance with the Payment Schedule to be attached to the Loan Agreement. Section 6. The Local Government hereby agrees to levy fees, rates or charges for services provided by the Project and/or to levy ad valorem taxes sufficient to pay the interest on and principal of the Project Loan in accordance with the Loan Agreement. The Local Government also agrees to levy fees, rates, or charges and/or ad valorem taxes sufficient to pay the cost of operation and maintenance of the wastewater system -14- of which the Project is a part, which cost shall include depreciation and all other debt service expense of the system. Section 7. The Local Government assigns and pledges its State-Shared Taxes to the State and consents to the withholding and application of State-Shared Taxes in the event of failure by the Local Government to remit monthly payments in accordance with the terms of the Loan Agreement, as the Loan Agreement may be supplemented or amended from time to time. Section 8. The Local Government hereby agrees that there are no local pledges of State-Shared Taxes other than those disclosed. Section 9. The Local Government hereby agrees to obtain alternative methods of financing for all costs necessary for the completion of the Project which are in excess of the combined financing provided by any agency of the United States Government and by the Tennessee Local Development Authority. Section 10. The President/CEO Cleveland Utilities Board of the local Government is authorized and directed to execute the loan Agreement, and any amendments of supplements to the Loan Agreement, in the name and behalf of the local Government; to deliver such documents to the other parties to such documents, such execution and delivery to be conclusive proof of the approval of the Local Government of such documents; and to take such further action and to execute and deliver such further instruments or documents as such officer may consider necessary or advisable in connection with the Loan Agreement. Provided, however, this resolution shall not be deemed to grant authority to the named officer to approve any increase in the amount of the Project loan. Section 11. All orders, resolutions, or ordinances in conflict with this resolution be and the same are repealed insofar as such conflict exists. This resolution shall become effective immediately upon its passage. Duly passed and approved this 22nd day of April, 2019. Mayor Kevin Brooks, City of Cleveland WITNESS: (Affix Seal As Appropriate) Shawn McKay Assistant City Manager/CFO -15- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: April 22, 2019 RE: Animal Rescue Agreement with Tennessee Dachshund Rescue, Inc. SUMMARY: Resolution No: 2019-33 Authorizing the Mayor to sign an animal rescue agreement with Tennessee Dachshund Rescue, Inc. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: No impact RECOMMENDATION: Approval of the rescue agreement. Requirements have been met. -16- RESOLUTION NO. 2019-33 WHEREAS, the Animal Shelter Advisory Board and the Animal Shelter Director are recommending to the City Council that it approve a new rescue agreement with Tennessee Dachshund Rescue, Inc. ; WHEREAS, the proposed rescue agreement is attached to this Resolution . 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 rescue agreement with Tennessee Dachshund Rescue, Inc. BE IT FURTHER RESOLVED that the Mayor is authorized to execute this rescue agreement with this rescue group on behalf of the City. Kevin Brooks, Mayor Shawn McKay, City Clerk -17- AGREEMENT I. Parties The parties to this Agreement are the CITY OF CLEVELAND, TENNESSEE (hereafter the "City"), and Tennessee Dachshund Rescue, Inc. (hereafter the 11.Rescue Group"), II. Rec~•• WHEREAS, the City of Cleveland provides anlmal control services within the City of Cleveland, pursuant to appllcable state and local laws; a11d · WHEREAS,. the City of Cleveland currently operates an Anim~I ·shelter (hereafter the "Shelter"); and WHEREAS, Rescue Group ls a not for profit corporation with Its prlnclpal address being 630 Hlllwood Drive Cookeville, Tennessee 38806-6911, and its mission statement includes the goal of rescuing animals from animal aheltarsi and WHEREAS, the Shelter has a llmlted number of employees and financial resources to devote to animal .adoptions; and WHEREAS, Resc;ue Group has applled to the City to provide •nlmal rescue services at no cost or Jlablllty to the City; and · WHEREAS, the parties wish to promote the goal of allowing anlmal rescues In accordance with the terms and conditions of thJs Agreement In order to reduce the n4mber of animals that would otherwise be destroyedi and WHEREAS, the parties deafre to•~ forth their agreement in writing. Ill. Agreement Now, therefore, the parties agre~ as follows: 1. Rescue Group will designate, ln writing, resldent(s).of Tennessee who wflt act as the agent(s) of the Rescue Group rn deallng with ·a designated representative of the City animal shelter with regard to • anlmal rescu'8 under the Agreement. For purposes of this Agreement, an animal rescue Is defined as the rescue group taking possession of an anlmal from the Shelter and caring for It untll the Rescue Group places the animal for adoption with a suitable third party to be determined by the rescue group. 2. Rescue Group shall provide the Shelter with the name, address and telephone number of the deslgnated·agent(s) referenced In Paragraph 1 above. This designation shall be effective until the. rescue group appoints another person or persons to serve as Its agent(s) or until this Agreement Is terminated as provided herein. -18- 3. Rescue Group agrees that It and Its designated agent(s) will abide by and comply with all federal, state and local laws with regard to each anlmal that the Rescue Group takes possession of from the Shelter under the terms of the Agreement. 4, Rescue Group agrees that all animals It rescues from the Shelter wlll be kept in the possession of Rescue Group, or Its designated agent(s), and that the Rescl,fe Group will be legally .responslble for each animal from and after the time the Rescue Group takes possession of the animal from the Shelter. Upon completion of the permanent placement of an animal f~r adoption, Rescue Group shall provide the Shelter with the name, address and contact information of the adopter. Rescue group shall provide this Information to the Shelter In writing, and within one w~k of completion of the permanent placement for ~doP.tlon, 6. Rescue Group agrees that any animals that are rescued from the Shelter will only be adopted outside of the City of Cleveland, Tennessee. 6. Rescue Group and Its agents will comply with the provisions of Tennessee Code Annotated 44-17-501, et seq. (Tennessee's spay and neuter law ) prior to allowing a rescued animal to be adopted. Before any anlmal Is permanently placed with a new owner for adoption, the Rescue Group shall provide the Shelter with written verification that the animal has been spayed or neutered. 7, Rescue Group agrees that ft and Its agent(s) shall comply with Tennessee Code Annotaftd 68-8-107 concemlng rabies vaccines. 8. Rescue Group and Its designated agent(s) agree that they shall': (a) provide all rescued animals with a clean living environment and with adequate food and water while the animal Is In the Rescue Group's possession. (b) be responsible for all medical care and vaccination~ from and after the time the Rescue Group takes possession of an animal from the Shelter. (c) obtain rabies vaccinations as required by law for any animal not properly :vac~inated. {d) not return a rescued animal to the Shelter unless a medical or ~havloral problem Is verified by a veterinarian. 9. Re11cue Procedures: (a) Rescue Group's agent(s) wlll contact the City's Animal Control Director or his designe.e and secure approval before scheduling an animal rescue under the Agreement. (b) The City's Animal Control Director or his deslgnee shall decide as to the n!,lmber and the dates of ar,y rescues. -19- (c) Rescue Group's agent(s) will be responsible for fllHng out a rescue sheet for each anlmal rescued from the City shelter. (d) Rescue Group agent(s) shall supply their own transportation In connection with all rescue activities. All costs of transportation wlll be borne by Rescue Group or its agent(s). (e) Rescue Group and Its agent(s) shall adhere to all shelter rules and regulations. IV. General Terms ~nd Conditions 1. In consideration for the City's agreement to allow Rescue Group and Its.. agent(s) to perform anlmal rescues, Rescue Group hereby agrees to Indemnify and hold hannless the City of Cleveland from and against any and all claims that are asserted against the City of Cleveland by any person or entity. arlsrng out of or In any way related to an animal rescue by the Rescue Group under this Agreement This agreement to Indemnify and hold harmless the City of Cleveland lncludes,-but is not limited to, cla,lms for bodily injury or property damage that arise out of or relate to the rescue of any animal by·Rescue Group and Its agent(s) under this Agreement. It also Includes, but Is not llmlted to, any clelms that may be asserted by the Rescue Group, or Its agent(s) against the City. · 2. Rescue Group agrees that the City of Cleveland and the Shelter do not warrant or guarantee the health or temperament of any animal rescued by the Rescue Group under the terms of this Agreement Rescue Group and Its agent(s) accept possession and responslbfllty for all rescued animals a.nd htt9reby releases_ and discharges th~ City of Cfevelal'.ld Tennessee, from any and all Jlablllty for any lnj-.rry or damage to any person or property caused by the animal and from any and all causes of action, clalms, suits or demands whatsoever that may arise from an anlmal rescue. 3. Rescue Group shall, at all times during this agreement, carry publlc liablllty Insurance and shall provide the City of Cleveland with a certificate of such Insurance. The minimum llmlts of llabillty shall be one mllllon dollars per occurrence, and the policy shaJI be Issued by an Insurance company quall{led to do business In the State of Tennessee. The policy and certificate shall name the City of Cleveland as an addltlonal Insured, and such policy shall expressly provide that It may not be canceled, except after thirty days written notice to the City of Cleveland. Any changes In Insurance coverage must be reported to the City of Cleveland lmmedlately. · 4. This Agreement shall be construed In accordance with and shall be governed by the laws of the State of Tennessee. 6. This Agreement binds the Rescue Group, Its agent(s), successors and assigns. 6. This Agreement may be terminated by either party at any time for any· reason by giving thirty (30} day'~ written notice to tl'.le other party. -20- 7. Notices under this Agreement shall be given as follows: Joe Flvas, City Manager City of Cleveland P.O. Box 1619 Cleveland, TN 37364-1619 Leslle Crickenberger, President Tennessee Dachshund Rescue, Inc. 630 Hlllwood Drive Cookeville, Tennessee 38606-6911 8. Effective Date: This Agreement will only become effective when the following conditions are met: (a) This agreement m~•t be approved by• Resolution of the City Council of the City of Cleveland, Tennessee. (b) This Agreement must be approved by a written Resolution of the governing body of the Resc~ Group, which Resolution will be furnished to the City. (c} If this Agreement Is approved by a Resolution of the City Councll of the City of Cleveland, and If the Rescue Group compiles with Section 8(b) and provides the required· certificate of insurance, then this Agreement shall become effective immediately upon being signed by both the Rescue Group and the Mayor of the City of Cleveland. ATTEST: CITY OF CLEVELAND, TENNESSEE By: _ _ _ _ _ _ _ _ _ _ __ Shawn McKay, City Clerk Mayor - 21- STATE OF TENNESSEE COUNTY OF BRADLEY Before me, _ _ _ __ _ __ _ _ a Notary Public In and for the State and County aforesaid, personally appeared KEVIN BROOKS, with whom I am personally acquainted ( or proved to me on the basis of satisfactory evidence), and who, _u pon oath, acknowledged himself to be the MAYOR of the CITY OF CLEVELAND, TENNESSEE, the within named _bargainer, a munlcipal corporation, and that he as such MAYOR, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing the name of the cooperation by himself as MAYOR. WITNESS my hand and seal this _ _ day of _ _ _ _ _ _ __, 2019. · Notary Public My Commission expires:._ _ _ _ _ __ STATE OF TENNESSEE COUNTY OF PUTNAM Before me.WI ie l'n mtlben.1tf.1ary Public In and for the State and County aforesaid, personally appeared LESLIE~ RICKENBERGER , with whom I am personally acquainted ( or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged herself to be the President of Tennessee Dachshund Rescue, Inc. (Rescue Group), the within named bargalnor, a Tennessee non-profit corporation, and that she as such Pres ident, executed the foregoing Instrument for the purposes therein contained by signing the name of the Rescue Group as President. .LP m A{1 YI.I ,2019. M Jcei_u,:·1Mq]h1· r Witness my hand and seal at office_ / day of .\ ~\111111111111,,,, . . ,'':~(;~Rl,S~d';;-.~~ f f _.· STATE ·-~ % ~lJ'.lfU~ Notary Pubhc ? - · OF ·_,:1 :; ={ 2 ~(l}My · idn ffJ<pires: • ) . 3. l QJ,J) \ ~··. PUBLIC . :~ f ~~ ·. .· ~~ ~~ i;.,;.- .....·~ -~ :."I YQf ~\\ .'::,,, ",1.,,,, ,, I.' \ " , ,,,,,11 ,11111•\\\\ -22- TENNESSEE DACHSHUND RESCUE RESOLUTION A RESOLUTION OF THE TENNESSEE DACHSHUND RESCUE BOARD OF TRUSTEES AUTHORIZING AND APPROVING A PARTNERSHIP WITH THE CITY OF CLEVELAND ANIMAL CONTROL SERVICES WHEREAS, Tennessee Dachshund Rescue solely operates and approves all care (e.g. veterinary, dietary, and similarly related animal welfare care) for the animals In their possession; and WHEREAS, Tennessee Dachshund Rescue retains ownership of all animals in their care until a completed application process; and WHEREAS, the City of Cleveland provides animal control services within the City of Cleveland, pursuant to applicable state and local laws; and WHEREAS, the City of Cleveland approves the partnership with Tennessee of Dachshund Rescue for the transfer of ownership of homeless dogs In the City's legal possession; and WHEREAS, Tennessee Dachshund Rescue and the City of Cleveland desire an agreement in writing NOW, THEREFORE BE IT RESOLVED that Tennessee Dachshund Rescue Board of Trustees authorize the President ofTennessee Dachshund Rescue to execute such an agreement In writing. Tennessee Dachshund Rescue Board of Trustees further authorize the President of Tennessee Dachshund Rescue to Interpret and execute the agreement as signed and approved by the City of Cleveland. This resolution Is execute on this day, April 16, 2019. Board Member ~ ; I ' _in~ Unncicti \( V Board Member -23- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM : Joe Fivas, City Manager DATE: April 22, 2019 RE: Liquor World- 1077 Wildwood Ave SUMMARY: Our internal staff committee has reviewed the Liquor World (1077 Wildwood Ave) application and resubmittal. At this time, it is unclear whether this store will meet our Liquor Store ordinance . We have sent a letter to them to give staff a stamped architect drawing of the proposed store. This application would need to be approved or denied before May 14, 2019 . If no action is taken, the application would be deemed approved by state law. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: With the opening of a liquor store, the City will see increased revenues with the sale of wine and liquor. RECOMMENDATION: Committee is unclear whether this meets our ordinance. We have requested more information on April 18, 2019. -24- CITY OF CLEVELAND, TENNESSEE APPLICATlON TO CITY OF CLEVELAND, TENNESSEE FOR CERTIFICATE OF COMPLIANCE AND LOCAL LlOUOR STORE PRfVILEGE LICENSE Date:__.);...:../_·1_,,~....>'/"""·,_ _.9_ _ _ $1,000.00 APPLICATION FEE This is an Appiication for a Local Liquor Store Privilege License to sell alcoholic beverages at retail in a liquor store within the City of Cleveland, Tennessee made on behalf of the Applicant who hereby affirms and states as follows : The Applicant is: Yogendra Patel If more than one (I) the Applicants are: NIA The Applicant will operate the business as a:_ _BH_EE __ LL_C_ _ _ _ __ _ _ _ _ _ __ (please indicate whether the Appl icant is a sole proprietorship, corporation, limited liability company, general partnership, or limited partnership). If other than a sole proprietorship, list all owners of this Applicant: Name Tit le Percentage of Ownership Yogendra Patel President I Manager 90% Rudradatt Patel Partner 10% List the name. address, and phone numbe r for the main contact of Applicant to receive communication from the City of Cleveland: Rudradatt Patel, 2710 22nd St NW, Cleveland, TN 37312. Yo endra Patel, 2710 22nd ST NW, Cleveland TN 37312 Page l of6 .-25- ..................,..,........, IIIWiidll:.Malllf411111!ft•• ..... ,.,.,1111 ........... lllllllar.. • - 111111 • . lfaOO!pOlllmorlmWlfalayGU111p1111J.-.w1111laad . . .-.,111rw111111111111ka11Wof the <Jladlror AdlallaalO.. . . .i--c SfllD: Tar 21111 Cmdm1Num1Nw.__•_u_11_1?_ ■ _____ lfllmayiadlvi4ualbDfnaanytiadofinteaaitiadl8ApplioaatCll'111Dpmpcad ......... ...._..,.cmviafldof111Jufluie .r.tbe lawof1118-ofTeu11111,ayallsSIIII, ay~wllafat.8tllllof'l'lwllleoranyodacr._ •ofdl8 UIIW..._ prohltiling,c,rl8p...,.tbe8111&t.pass111i-. llliispcJl....._--.,.,,..._,h,._ nr odmlwiaehendllngofaylnlawfo.dnaoralcohollo . . .■p, fillDl.wllna•, wlddatlll(ll) years,-,.,,Dna11ledallof11ds.Applcallon NO lfwfug,-. lflttbe...,.d.111. placit.,..._alcBa,oaldaa ofall aar.la~ ,.2of6 -26-:- • ., Ills any fadlvldual lmiag 1DY ldnd of fllflnll iD 6e .l\tlPIWl • tla ,..-i lllpa 111n ..,._ . . . CCllffldlld wldala ....... (10) ,-sofanycnnfaal .............. of 111D..., of Tau 11111;, my alhtr . _ ar oftlll 1Jailld - alhtr Cllla lDJ miaar tadlio violadaad NO ..,.... •......,..In .........--lp, . . . . . .of11JJindfwlaalwldaaa.,..,..fndaeApplfcll••--.... owns, .......... ..., ....... cllmcdy .... dlslllNdu..dladllaJ,« ..... ofalcollalk,IMa 111: .............. ...., ...... Mlllllllllflllllrno a ee, TN. W11!!!!9danl_ar._.9_.rn9..,11.rn111 . . . . . . . . . . . . . . . . . . of_fllldifldallwlloflarlllllll ., . . . . . . . . . . . . , ........... .., .......... Applaal . . . . . . . . . . . . . . . . . . . . . . . (II' aanyinlllallJlfa,cllftlcdys....._. lna...a .,_--. ••••It....,__....,.. at ...... ofalcollDUc . . . 1111:....,NID..,......,.._ _ _ _ _ _ _ _ _ _ _ _ __ Stalltllt __ aml..,._ofmyfadivfdualadaelllaao ladtrfk 9e ._._.,. ApplicdianwllollllVemyldndofinlllnll.••+I..IIDctowu_,.~ .... •..--,ty wwwfiaw.lllln.o.udliiw•••Applaal•lllplCll'-t 1 •-•dbodalDaw.-: NO ,.,or, ff fl fjlJ JI !(ll s a s a s Jff - ,.1 1.. 11 I! 111 1 r • 1 • n t, !!I il ir iiJ 1111·1 iJ 1·1r111~(:1· 11 ii: ll nw •• l ', I , •• - . 1 -- r i P-9 . • i .} al tal I f! Ii. 111 ii f!l I! ! Ill t fff I !! 11! J!t .1 I . , =1 Iii ! 11 1. . iii ll 'ii II-- t 1 If !I Jll . I [ 1sr •l 1·1 11 i - 'I p • ·u j ' I ft1 i J11 [ii 1; Jjl } f I i ; 11; i ,II flt ll Iii ! i t! I r-..J • '3 I -28- Each individual identified in this Application with an interest in the Applicant or the retail liquor store business shall sign this Application as an Applicant. Each individuai signing this Application affirms under oath that the infonnation contained in and with this Application is true and accurate. Each individual signing this Application represents that the individual is over the age of 18 and agrees to comply with all laws of the State of Tennessee. the United States, and the City of Cleveland which relate to alcoholic beverages, including specifically Title 8 of the Cleveland's Municipal Code. l'f'"~ f.: <J ·f-=-k . \J Yogendra Patel 2710 22nd ST, NW, Cleveland TN, 37312 Applicant Name Street Addres.s . Mv Commission Expires: {il /' d,, /1-iJ i1 !£ ) ~ Rudradatt Patel 2710 22nd ST NW, Cleveland, TN 37312 Applicant Name Street Address Subscribed and sworn to before me this J.2_ day of fv1o,,rcl,,i .1.D_fj__ 111/iwd§J~ Applicant Name Street Address Subscribed and sworn to before me this _ _ day of _ _ _ _ _ ___, 20_ _. NOT ARY PUBLIC My Commission Expires:_ __ _ _ _ __ Page 5 of6 -29- ApplioantNane ......................tlda_..,.,.______ 2D___. MJOe.•Mallpfw- ApplmlNm, ......................._..,.,______ a___. U,0- . . . . . . . ........................_.,.,______ ApplialntName . lf10n11.... .,,__ _ _ _ _ __ -30- ORDINANCE NO: 2019-19 TAX ORDINANCE - YEAR 2019 AN ORDINANCE TO PROVIDE AND FIX FOR TIIE CITY OF CLEVELAND, TENNESSEE, FOR TIIE YEAR 2019, AND SUBSEQUENT YEARS, TIIE TAX RATE ON ALL PROPERTY, BOTH REAL AND PERSONAL; TO PROVIDE A BUSINESS TAX; TO PROVIDE FOR A SPECIAL FRANCHISE PRNILEGE TAX, IN ACCORDANCE WITH AND AS SET FORTH IN TIIE "BUSINESS TAX ACT'' KNOWN AS CHAPTER 387 OF THE PUBLIC ACTS OF 1971, PASSED BY TIIE GENERAL ASSEMBLY OF TIIE STATE OF TENNESSEE, WITHIN TIIE CORPORATE LIMITS OF TIIE CITY OF CLEVELAND, AND TO FIX A PENALTY FOR ANY PERSON, FIRM OR CORPORATION EXERCISING ANY SUCH VOCATION, OCCUPATION OR BUSINESS WITHIN SAID CITY OF CLEVELAND WITHOUT FIRST PAYING SAID TAX. SECTION 1. BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, that the tax levy on all property, both real and personal, for the year 2019, and each subsequent year thereafter be, and is, $2.06 on each One Hundred Dollars ($100.00) of assessed valuation. SECTION 2. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all persons, firms and corporations engaged in any location, occupation or business within the corporate limits of said City shall pay a business tax to the City of Cleveland equal to and in the same amount as the business tax prescribed to be paid by such person, firm or corporation under the terms and provisions of the "Business Tax Act", known and designated as Chapter 387 of the Public Acts of 1971, as passed by the aforesaid Act hereto attached, read and understood by the said City Council, and made a part of this Ordinance; and the rate of taxes on such business is made a part hereof as fully as if the same were incorporated in full herein; and the rate of taxes on such privilege and privileges named in said Act for retail businesses shall be as follows: Class IA 1/10 of 1% retail 1/40 of 1% wholesale Class lB 1/10 of 1% retail 3/80 of 1% wholesale Class IC 1/10 of 1% retail 3/80 of 1% wholesale Class ID 1/20 of 1% Class 2 3/20 of 1% retail 3/80 of 1% wholesale Class 3 3/16 of 1% retail 3/80 of 1% wholesale Class4 1/10 of 1% and the taxes shall be paid to the City Clerk as provided by law and Ordinances for the collection of all revenues for the City of Cleveland, Tennessee. -31- SECTION 3. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that there is also levied a special franchise privilege tax, in accordance with the provisions of Chapter 311 of the Public Acts of the 85th General Assembly of the State of Tennessee, on all public utility corporations, domestic and foreign, and which do business, own property, or operate as a public utility in the City of Cleveland, Tennessee. The base of such tax shall be determined as set forth in Chapter 311 aforesaid. The rate of said tax shall be $2.06 for each one hundred dollars ($100.00) of assessed valuation. SECTION 4. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that it shall be unlawful for any person, firm or corporation to exercise the privileges set forth and referred to in this Ordinance before complying with the provisions of the Ordinance, and anyone exercising any of the forgoing privileges without paying the tax prescribed shall be guilty of a misdemeanor and liable to a fine on conviction of not less than $5.00, nor more than $50.00, for each such privilege which is exercised without a license, to be imposed by the City Judge of the City of Cleveland. SECTION 5. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that if any Section or part of this Ordinance shall be declared invalid or unenforceable, the invalidity of such Section or part shall not otherwise affect its validity but the remaining Sections or parts of this Ordinance shall be enforced without regard to the Section or part declared to be invalid. SECTION 6. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee, that all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; however, this Ordinance shall not be the exclusive means of taxation within the City of Cleveland, Tennessee, but is in addition to any other valid Ordinances in existence at the present time by which the City may collect a tax or taxes, and this Ordinance shall take effect from and after its passage, the public welfare of the City of Cleveland requiring it. Signed in Open Meeting: Councilman McKenzie ATTEST: Councilman Estes Shawn McKay, City Clerk Councilman Cassada Councilman May APPROVED AS TO FORM: Councilman Hughes Councilman Webb Kevin Brooks, Mayor Vice Mayor Johnson -32- ORDINANCE NO: 2019-20 AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City of Cleveland as follows: Whereas, the Municipal Budget Law of 1982 requires that the governing body of each municipality adopt and operate under an annual budget ordinance including a financial plan with at least the information required by that state statute; Whereas, Section 6-22-124, Tennessee Code Annotated, requires the city council to adopt an appropriation ordinance including all funds before the first day of the fiscal year; Whereas, the budget process is one of the most important activities undertaken by governments for the public welfare. With the budget process being used to make program, service and capital decisions and allocate scarce resources to programs, services and capital; Whereas, the financial plan developed in this process being the document to communicate the plan the City of Cleveland has decided to implement for the coming fiscal year; SECTION 1: REVENUES. That the City of Cleveland estimates anticipated revenues of the municipality from all sources including current and delinquent taxes, nontax revenues, and proceeds from the sale of debt to be $269,565,050. All of these sources are available for appropriation. 2017-2018 2018-2019 2019-2020 Anticipated Revenues (ACTUAL) (ESTIMATED) PROPOSED Revenues: General Fund $48,643,651 $48,651,388 $49,805,650 Special Revenue Funds: Solid Waste Management 2,551,494 2,550,500 2,880,000 State Street Aid 1,397,978 1,308,000 1,500,000 General Purpose School 42,852,403 43,834,417 45,059,230 Schools Food Service 3,439,822 3,175,302 3,428,667 Cleveland Public Library 1,102,093 857,600 807,600 Drug Enforcement 100,404 10,100 18,600 2017 Byrne Mem. Justice Asst. Grant 0 36,481 0 2018 Byrne Mem. Justice Asst. Grant 0 0 0 Community Dev. Block Grant 547,425 861,475 536,250 E-Ticketing 14,590 12,500 0 Recycling Grant 0 0 0 Schools Federal Projects 0 0 0 Metropolitan Planning Organization 87,486 200,000 178,100 Debt Service 200,362 2,786,998 330,913 -33- 2017-2018 2018-2019 2019-2020 Anticipated Revenues, cont'd: (ACTUAL) (ESTIMATED) PROPOSED Revenues: Capital Projects Funds: THDA Home Grant 36,025 338,975 0 Greenway Fund 12,412 0 0 Capital Improvements Program 8,291,950 10,394,685 0 Sales Tax Capital Projects Fund 3,955,871 3,991,600 4,103,365 Spring Branch Industrial Park Fund 39,171 828 0 Enterprise Funds: Stormwater Management 1,527,793 1,612,500 1,612,500 Cleveland Utilities Electric Division 101,131,999 102,947,341 105,653,441 Cleveland Utilities Water/Wastewater Division 29,107,352 29,972,314 31,236,225 Trust Funds: Meiler Trust Fund 5,986 5,500 500 Internal Service Fund: Fleet Management 0 0 0 Health Insurance Trust Fund 4,173,978 4,493,113 4,182,416 Total Revenues 249,220,245 258,041,617 251,333,457 Other financial sources Operating transfers in: General Fund: 3,120,516 2,678,387 2,773,725 Special Revenue Funds: Solid Waste Management 1,056,494 1,074,100 1,075,400 State Street Aid 0 0 0 General Purpose School 5,273,600 5,273,600 5,432,000 Cleveland Public Library 645,800 654,000 673,600 Community Dev. Block Grant 36,000 20,000 30,000 Recycling Grant 10,000 10,000 0 Metropolitan Planning Organization 57,000 57,000 44,500 Debt Service 6,846,608 7,245,641 6,752,368 Capital Projects Funds: Capital Improvement Program 4,126,721 1,293,289 1,450,000 Greenway Fund 0 0 0 Enterprise Funds: Stormwater Management 0 0 0 Total Operating Transfer In: $21,172,739 $18,306,017 $18,231,593 -34- 2017-2018 2018-2019 2019-2020 Anticipated Revenues (ACTUAL) (ESTIMATED) PROPOSED Other financial sources: Operating transfers in, cont'd: Capital Contributions Enterprise Funds: Stormwater Management 0 0 0 Cleveland Utilities Electric Division 140,664 0 0 Cleveland Utilities Water/Wastewater Division 507,605 0 0 Internal Service Funds: Health Insurance Trust 0 0 0 Total Capital Contributions: 648,269 0 0 Bond & Note Proceeds and Capital Lease General Fund 0 0 0 General Purpose School Fund 8,222,294 3,966,240 0 Capital Improvement Program 2,408,580 12,148,105 0 Spring Branch Industrial Park 3,000,000 0 0 Debt Service 0 1,007,000 0 Total Bond & Note Proceeds: $13,630,874 $17,121,345 $0 Total other Financing Sources $35,451,882 $35,427,362 $18,231,593 Total Revenues and Other Financing Sources $284,672,127 $293,468,979 $269,565,050 Details of these revenues and other financing sources are shown in the City of Cleveland's budget document by fund. -35- SECTION 2: APPROPRIATIONS. That the City of Cleveland appropriates from these anticipated revenues and unexpended and unencumbered funds the following: 2017-2018 2018-2019 2019-2020 Expenditures (ACTUAL) (ESTIMATED) PROPOSED General Fund $32,454,322 $36, 704, 176 $37,991,780 Special Revenue Funds: Solid Waste Management 3,425,638 3,895,818 3,955,400 State Street Aid 614,628 906,083 759,200 General Purpose School 51,990,048 53,694,412 49,777,111 Schools Food Service 3,266,910 3,485,902 3,546,017 Cleveland Public Library 1,812,082 1,515,100 1,481,200 Drug Enforcement 10,998 74,610 18,600 2017 Byrne Mem. Justice Asst. Grant 0 0 0 2018 Byrne Mem. Justice Asst. Grant 0 0 0 Community Dev. Block Grant 576,782 529,403 536,240 E Ticketing 3,288 53,416 0 Recycling Grant 14,106 15,161 0 Schools Federal Project 0 0 0 Metropolitan Planning Organization 107,946 257,000 222,600 Debt Service 6,437,007 10,635,081 7,516,126 Capital Projects Funds: THDA Home Grant 36,025 338,975 0 Greenway Fund 8,630 0 0 Capital Improvements Program 17,640,456 23,445,364 1,450,000 Sales Tax Capital Projects Fund 3,872,464 6,154,572 4,103,365 Spring Branch Industrial Park Fund 2,773,665 167,075 0 Enterprise Funds: Stormwater Management 598,400 1,844,171 2,301,450 Cleveland Utilities Electric Division 94,847,626 96,415,935 99,609,040 Cleveland Utilities Water/Wastewater Division 23,596,255 25,884,141 25,745,440 Trust Funds: Meiler Estate Trust Fund 0 0 0 Internal Service Fund: Health Insurance Trust Fund 4,224,114 3,978,344 4,033,490 Total Expenditures 248,311,390 269,994,739 243,047,059 2017-2018 2018-2019 2019-2020 Nonoperating Revenues (Expenses) (ACTUAL) (ESTIMATED) PROPOSED Enterprise Funds: Stormwater Management 0 0 0 Cleveland Utilities Electric Division (516,232) (551,140) (628,018) Cleveland Utilities Water/Wastewater Division (1,438,506) (1,499,045) (1,744,642) Debt Service (3,000)'' (5,000) (5,000) Internal Service Fund: Health Insurance Trust Fund 0 0 0 Total Nonoperating Revenues (Expenses) (1,957,738) (2,055,185) (2,377,660) -36- 2017-2018 2018-2019 2019-2020 Other Financing Uses (ACTUAL) (ESTIMATED) PROPOSED Operating Transfers Out General Fund 16,860,246 14,621,493 14,455,004 Special Revenue Funds: Solid Waste Management 10,000 10,000 0 State Street Aid 426,353 440,618 447,145 General Purpose School 554,919 555,519 555,719 Schools Federal Project 0 0 0 Capital Projects Funds: Capital Improvements Program 529,223 0 0 Spring Branch Industrial Park Fund 150,705 0 0 Greenway Fund 0 12,735 0 Enterprise Funds: Stormwater Management 50,000 0 0 Cleveland Utilities Electric Division 2,147,213 2,211,629 2,310,622 Cleveland Utilities Water/Wastewater Division 444,080 454,023 463,103 Internal Service Fund: Health Insurance Trust 0 0 0 Nonexpendable Trust Funds: Meiler Estate Trust Fund 0 0 0 Total Operating Transfers Out 21,172,739 18,306,017 18,231,593 Total Other Financing Uses 23,130,477 20,361,202 20,609,253 Total Expenditures and Other Financing Uses 271,441,867 290,355,941 263,656,312 Details of these appropriated expenditures are shown in the City of Cleveland's budget document by fund. 2017-2018 2018-2019 2019-2020 Increase (Use) of Fund Balance or Net Assets (ACTUAL) (ESTIMATED) PROPOSED General Fund 2,449,599 4,106 132,591 Special Revenue Funds: Solid Waste Management 172,350 (281,218) 0 State Street Aid 356,997 (38,701) 293,655 General Purpose School 3,803,330 (1,175,674) 158,400 Schools Food Service 172,912 (310,600) (117,350) Cleveland Public Library (64,189) (3,500) 0 Drug Enforcement 89,406 (64,510) 0 2017 Byrne Mem. Justice Asst. Grant 0 36,481 0 2018 Byrne Mem. Justice Asst. Grant 0 0 0 -37- 2017-2018 2018-2019 2019-2020 Increase (Use) of Fund Balance or Net Assets (ACTUAL) (ESTIMATED) PROPOSED Special Revenue Funds cont'd: Community Development Block Grant 6,643 352,072 30,010 E Ticketing 11 ,302 (40,916) 0 Recycling Grant (4,106) (5,1 61) 0 Schools Federal Project 0 0 0 Metro. Planning Organization (MPO) 36,540 0 0 Debt Service 606,963 399,558 (437,845) Capital Projects Funds: Capital Improvements Program (3,342,428) 390,715 0 THDA Home Grant 0 0 0 Greenway Fund 3,782 0 0 Sales Tax Capital Projects Fund 83,407 (2 ,162,972) 0 Spring Branch Industrial Park Fund 114,801 (166,247) 0 Enterprise Funds: Stormwater Management 879 ,393 (231,671) (688,950) Cleveland Utilities Electric Division 3,761 ,592 3,768,637 3,105,761 Cleveland Utilities Water/Wastewater Division 4,136,1 16 2,135,105 3,283,040 Internal Service Fund: Fleet Management 0 0 0 Trust Funds: Meiler Estate Trust Fund 5,986 5,500 500 Health Insurance Trust Fund (50,136) 514,769 148,926 Total Iner. (Use) of Fund Balance or Net Assets 13,230,260 3,125,773 5,908,738 SECTION 3: STATEMENT OF BALANCE/DEFICIT. At end of the current fiscal year, the City of Cleveland estimates that it will use none of its $14,237,095 General Fund fund balance and $437,845 of the $5,229,572 Debt Service fund balance. SECTION 4: CAPITAL IMPROVEMENT PROGRAM. During the coming fiscal year the City of Cleveland has planned for capital projects and proposed capital projects for future implementation and has included a statement listing these captial projects and the sources of financing these projects. SECTION 5: All ordinances or parts of ordinances in conflict with any provision of this ordinance are hereby repealed . First Reading: April 22, 2019 Final Reading: May 13, 2019 M: Mayor City Clerk

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