Cleveland City Council

p. 460 REGULAR SESSION MAY 13, 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, MAY 13, 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 Councilmen Charlie McKenzie, Bill Estes, Tom Cassada, David May, Jr., Dale Hughes and Ken Webb. Vice Mayor Johnson was absent from the meeting. Others in attendance according to the sign-in sheet were as follows: City Manager Joe Fivas; Assistant City Manager/CFO Shawn McKay; Assistant City Manager/Operations Melinda Carroll; City Attorney John Kimball; Christy Brandon, Support Services Manager; Jonathan Jobe, Director of Development and Engineering; Tommy Myers, 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; Morgan Denney; James Ledford; Michael MacDonald; Billy Higgins; Larry Presswood; Anne and Sam McReynolds; Rachel Brannen; Angela Phipps; Whitney Thompson; Cathy Andrews, CDBG Coordinator; Teresa Torbett; Micah Aubert; Quade Marinell; Linda Gillian; Nicholas Lillios; John Fischer; Max Phillips; Sherry Brown; Jessee Burgess; Rufus and Jane Triplett; Sharon Marr with Mainstreet Cleveland; Rochelle Mayberry; Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor James Ledford with Southview Baptist Church the following business was then entered into: Councilman Cassada moved to excuse Vice Mayor Johnson from today’s meeting due to illness. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. WAIVE READING OF MINUTES Councilman May 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 22, 2019 and approve them as written. The motion was seconded by Councilman Estes; 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 2019-2023 Consolidated Plan/Action Plan and Analysis of Impediments to Fair Housing Choice. Mayor Brooks asked if anyone would like to speak in favor of the 2019-2023 Consolidated Plan/Action Plan and Analysis of Impediments to Fair Housing Choice. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the 2019-2023 Consolidated Plan/Action Plan and Analysis of Impediments to Fair Housing Choice. 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 a request to rezone 1.46 acres located on King Edward Ave SE (Tax Map 057L Group A Parcels 19.00, 19.01, & 20.00 from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 7-0; 1 member absent, and 1 member not yet sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the rezoning. No one spoke. Mayor Brooks declared the public hearing to be closed. p. 461 REGULAR SESSION MAY 13, 2019 PAGE -461- MINUTE BOOK 29 Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about .93 acres located on Martin Dr NW and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 6-0; 1 member absent, 1 member recused, and 1 member not yet sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the plan of service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the 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 .93 acres located on Martin Dr 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 6-0; 1 member absent, 1 member recused and 1 member not yet sworn-in. Mayor Brooks asked if anyone would like to speak in favor of the zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the zoning. 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 Reading Ordinance No: 2019-19 – heretofore approved on first reading April 22, 2019 and found in Minute Book 29, page 454; adopting the 2019 Tax Rate for FY2020 ($2.06). • Final Reading Ordinance No: 2019-20 – heretofore approved on first reading April 22, 2019 and found in Minute Book 29, page 456; adopting the FY2020 Budget. • Resolution No: 2019-34 – Authorizing the Mayor to sign a letter of engagement and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall to audit accounts of the City of Cleveland for the period July 1, 2018 through June 30, 2019. RESOLUTION NO: 2019-34 A RESOLUTION AUTHORIZING AN ENGAGEMENT LETTER AND A CONTRACT WITH ARNETT, KIRKSEY, KIMSEY, SULLIVAN, LAY & HALL, PLLC TO AUDIT THE ACCOUNTS OF THE CITY OF CLEVELAND, TENNESSEE WHEREAS, the City of Cleveland has received a proposal from the Certified Public Accounting firm of Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, to audit the accounts for the period from July 1, 2018, through June 30, 2019, with a fee of $49,000.00; and WHEREAS, the City Council desires to enter into an engagement letter and a contract with Arnett, Kirksey, Kimsey, Sullivan, Lay & Hall, PLLC, and to further authorize the Mayor to execute the required engagement letter and the attached contract on behalf of the City of Cleveland. BE IT THEREFORE RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor be, and hereby is, authorized to sign the engagement letter and contract and all other necessary forms for said audit on behalf of the City of Cleveland for the above referenced contract. [on file in the City Clerk’s Office.] Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 462 REGULAR SESSION MAY 13, 2019 PAGE -462- MINUTE BOOK 29 • Resolution No: 2019-35 – Approving the FY2020 Appropriations. RESOLUTION NO: 2019-35 CITY OF CLEVELAND APPROPRIATION RESOLUTION WHEREAS, the City of Cleveland recognizes that its citizens have various needs which must be addressed; and WHEREAS, the municipal government has neither the expertise or manpower to assist its citizens with all their special needs; and WHEREAS, several not-for-profit organizations have been established over the years to help the citizens with their special needs; and WHEREAS, the enclosed organizations have demonstrated, through their financial statements and by reputation, to be of service in enhancing the quality of life in this area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that these contributions be made for FY 2019-2020: Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-36 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Electric System. RESOLUTION NO: 2019-36 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S ELECTRIC SYSTEM WHEREAS, section 7-52-304 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of an electric system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the electric system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the electric system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-52-304; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board electric system is hereby directed to pay to the City of Cleveland $2,310,622 in tax equivalents for FY2020. p. 463 REGULAR SESSION MAY 13, 2019 PAGE -463- MINUTE BOOK 29 Section 2. This resolution shall become effective July 1, 2019 the public welfare requiring it. Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-37 - Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Water System. RESOLUTION NO: 2019-37 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a water system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the water system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board water system is hereby directed to pay to the City of Cleveland $241,269 in tax equivalents for FY2020. Section 2. This resolution shall become effective July 1, 2019 the public welfare requiring it. Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-38 – Directing the payment by the Cleveland Utilities Board to the City of Cleveland Tax Equivalent Payment for the Cleveland Utilities Board’s Wastewater System. p. 464 REGULAR SESSION MAY 13, 2019 PAGE -464- MINUTE BOOK 29 RESOLUTION NO: 2019-38 A RESOLUTION DIRECTING THE PAYMENT BY THE CLEVELAND UTILITIES BOARD TO THE CITY OF CLEVELAND TAX EQUIVALENT PAYMENTS FOR THE CLEVELAND UTILITIES BOARD’S WASTEWATER SYSTEM. WHEREAS, section 7-34-115 of the Tennessee Code annotated empowers a municipality’s governing body, after consultation with the supervisory body of a wastewater system, to determine the amounts of tax equivalents to be paid to the taxing jurisdiction (municipality) in the service area of the water system; and WHEREAS, the City Council of the City of Cleveland, through its City Manager and Finance Director, has held such consultation with the supervisory body of the wastewater system of the City of Cleveland; and WHEREAS, the necessary calculations of tax equivalents payable have been made in accordance with the provisions of Tennessee Code annotated Section 7-34-115; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND; Section 1. The Cleveland Utilities Board wastewater system is hereby directed to pay to the City of Cleveland $221,834 in tax equivalents for FY2020. Section 2. This resolution shall become effective July 1, 2019 the public welfare requiring it. Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-39 – Regarding the Cleveland City Schools Federal Project Fund. RESOLUTION NO: 2019-39 A RESOLUTION REGARDING THE CLEVELAND CITY SCHOOLS FEDERAL PROJECT FUND THAT WHEREAS, the Cleveland City Schools receive monies from the federal government to assist with the educational programs of the local school system; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee in regular session assembled this 13th day of May, 2019, as follows: Section 1. That the Cleveland City Schools General Fund is hereby approved, and the budget for the Cleveland City Schools Federal Project Fund shall be the budget for the separate projects approved within the fund by the Tennessee Department of Education and for the No Child Left Behind projects as approved by the Cleveland Board of Education. Section 2. That a certified copy of this Resolution shall be furnished to the Director of Schools to forward to the Tennessee Department of Education as proof of compliance with its regulations regarding federal project funds. p. 465 REGULAR SESSION MAY 13, 2019 PAGE -465- MINUTE BOOK 29 Section 3. That this Resolution shall be and remain in full force and effect from and after its date of adoption. Passed and adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-40 - Annual Review of the City’s Debt Management Policy. RESOLUTION NO: 2019-40 A RESOLUTION AMENDING THE DEBT MANAGEMENT POLICY OF THE CITY OF CLEVELAND, TENNESSEE THAT WHEREAS, the City Council of the City of Cleveland has previously established and adopted by Resolution on November 14, 2011 a document entitled “The City of Cleveland Debt Management Policy”, and WHEREAS, this document contains the debt management policies of the City of Cleveland; and WHEREAS, annually as part of the City Council’s budget process, amendments may be proposed by the City Manager, Assistant City Manager/CFO, and Members of the City Council. AND WHEREAS, the City Manager and Assistant City Manager/CFO are recommending that the City Council approve the revised policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the attached document entitled “The City of Cleveland Debt Management Policy” is hereby amended to change the job title of Finance Director to Assistant City Manager/CFO throughout the document. Section 2. That the Section VII Subsection 3(b) “Variable Rate Debt” reflect the targeted percentage of net variable debt outstanding shall not exceed 40%. Section 3. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-41 – Approval of the 2019-2023 Consolidated Plan/2019 Action Plan and Analysis of Impediments Study to Fair Housing Choice for CDBG. p. 466 REGULAR SESSION MAY 13, 2019 PAGE -466- MINUTE BOOK 29 RESOLUTION NO: 2019-41 RESOLUTION FOR APPROVAL OF THE 2019-2023 CONSOLIDATED PLAN/ 2019 ANNUAL ACTION PLAN AND ANALYSIS OF IMPEDIMENTS STUDY TO FAIR HOUSING CHOICE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City Council of the City of Cleveland, Tennessee is approving the City of Cleveland 2019-2023 Consolidated Plan/ 2019 Annual Action Plan and Analysis of Impediments Study to Fair Housing Choice; and WHEREAS, the aforementioned 2019-2023 Consolidated Plan/2019 Action Plan and Analysis of Impediments Study to Fair Housing Choice was the subject of public hearings on September 24, 2018, February 19, 2019, March 14, 2019 and again on March 19, 2019. A draft of the Consolidated Plan/Action Plan and Analysis of Impediments Study to Fair Housing Choice was available on April 9, 2019 which began a thirty-day comment period ending on May 9, 2019 with copies of the Plans being made available at the Development and Engineering Services Office, the Cleveland Public Library, and on the City’s website www.clevelandtn.gov as advertised in the Cleveland Daily Banner on April 9, 2019; WHEREAS, comments concerning the aforementioned Action Plan were received by City staff and reported to the City of Cleveland and the City of Cleveland has considered the comments: NOW, THEREFORE, BE IT RESOLVED, the 2019-2023 Consolidated Plan/2019 Action Plan and Analysis of Impediments Study to Fair Housing Choice be approved by the City Council, and be it further resolved that City staff are authorized to submit the aforementioned Plans to the United States Department of Housing and Urban Development (HUD), and be it resolved that the Mayor is authorized to sign all grant agreements, contracts and certifications with HUD that are required to carry out the CDBG program described in the Action Plan. Approved 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 467 REGULAR SESSION MAY 13, 2019 PAGE -467- MINUTE BOOK 29 • Resolution No: 2019-44 – Authorizing the Mayor to sign an application for the 2019 Tourism Enhancement Grant ($75,000/city match $22,500). RESOLUTION NO: 2019-44 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2019 TOURISM ENHANCEMENT GRANT WHEREAS, the City Council of the City of Cleveland, Tennessee desires to improve local tourism asset infrastructure resources with the goal of enhancing and improving tourism in Cleveland; and, BE IT THEREFORE RESOLVED by the City Council that the Mayor be and hereby is authorized to submit an application, including all the understanding and assurances contained therein, to the Tennessee Department of Economic & Community Development for the 2019 Tourism Enhancement Grant funding. Said grant funding shall be used for up to four pickle ball courts at Tinsley Park. The total cost of the project will be $75,000, which includes the City’s matching funds of $22,500 If said grant is approved and the Mayor is hereby designated as Cleveland’s representative to act in connection with the application and to provide additional information as may be required; BE IT FURTHER RESOLED that the City of Cleveland agrees to provide the 30 percent required match for said grant. Adopted this 13th day of May, 2019 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-45 – Authorizing the Mayor to sign contract amendment #2 with Cannon & Cannon for engineering services for the project at Central Avenue roadway and sidewalk improvements. RESOLUTION NO: 2019-45 WHEREAS, the City of Cleveland and Cannon & Cannon, Inc. previously entered into a professional services agreement dated October 13, 2014 for Professional Engineering Services for the project generally described as the Central Avenue Roadway and Sidewalk Improvements; and WHEREAS, the City has recently received the attached proposed amendment #2 to the agreement with Cannon & Cannon, Inc., which would raise the total contract amount by $40,350 to $151,100.00; and WHEREAS, based upon the recommendation of City staff, the City Council desires to approve of this amendment and to further authorize the Mayor to execute the amendment on behalf of the City of Cleveland. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee, in regular session assembled, that the City Council does hereby approve of the attached amendment #2 to the referenced agreement with Cannon & Cannon, Inc., and it further authorizes the Mayor to execute the amendment on behalf of the City of Cleveland. This 13th day of May, 2019. p. 468 REGULAR SESSION MAY 13, 2019 PAGE -468- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Motion – Designating Depositories for the City of Cleveland. ANDREW JOHNSON BANK CAPSTAR BANK (ATHENS FEDERAL COMMUNITY BANK) BANK OF CLEVELAND BB&T BANK BOWATER CREDIT UNION CLEVELAND BRADLEY TEACHERS CREDIT UNION FIRST CITIZENS NATIONAL BANK (SOUTHERN HERITAGE BANK) FIRST TENNESSEE BANK SMART BANK (FSG BANK) PINNACLE BANK REGIONS BANK SOUTHEAST BANK AND TRUST SUNTRUST BANK TENNESSEE VALLEY FEDERAL CREDIT UNION UNITED COMMUNITY BANK • Bid Summary – Public Works Tag Along Trailer TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: May 13, 2019 RE: Bid Summary – Public Works Tag Along Trailer SUMMARY: Sealed bids were received on April 23, 2019, for a tag along equipment trailer for Public Works. The bids are listed below: • Holden Industries Southwest City, MO $31,301.00 ______ • TarasPort Trailers Sweetwater, TN $28,097.00 ______ • Technology International Lake Mary, FL $38,600.00________ • True North Logistics Downers Grove, IL $29,972.00________ • West-Mark Ceres, CA $29,592.00________ COMMITTEE FINDINGS: No Board or Committee findings. p. 469 REGULAR SESSION MAY 13, 2019 PAGE -469- MINUTE BOOK 29 FISCAL ANALYSIS: Funding is available for this purchase. RECOMMENDATION: The low bid is TarasPort Trailers. Staff is recommending approval of this purchase. • Bid Summary – Street Striping TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: May 13, 2019 RE: Bid Summary – Street Striping SUMMARY: Sealed bids were received on May 7, 2019, for the Public Works Street Striping project. The bids are listed below: • Highway Markings, Inc. Maynardville, TN $182,637.50 ______ • Superior Pavement Marking, Inc. Knoxville, TN $109,850.00 _ _____ • Volunteer Highway Supply Knoxville, TN $112,000.00________ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available. RECOMMENDATION: Our recommendation is to award the bid to the lowest bidder, Superior Pavement Marking, Inc. • Change Order #1 – Deer Park – GameTime; bonded rubber ground cover ($113,976.20 less credit of $79,488.60 Total Change $34,487.60). TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: May 13, 2019 RE: Change Order #1 – Deer Park Renovation SUMMARY: See attached GameTime Change Order #1 in the amount of $34,487.60. This increase is to change the ground covering from poured-in-place to bonded rubber and to expand the area from 4,500 square feet to 7,670 square feet. p. 470 REGULAR SESSION MAY 13, 2019 PAGE -470- MINUTE BOOK 29 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Available funding has been verified. RECOMMENDATION: Staff is recommending approval of this Change Order. • Motion – To extend the current Banking Services with Bank of Cleveland until February 2020. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: May 13, 2019 RE: Banking Services SUMMARY: The City’s agreement with the Bank of Cleveland for Banking Services will expire in July 2019. The agreement has an interest rates that are tied to an index that allows our interest rates to be tied the national indexes. City staff will be beginning the implementation of a new financial software system after the budget FY 2019. This requires coordination with our banking partner. We believe it may be prudent to meet with our future financial software consultant on how to deal with these coordination issues. While an option to bid out these services is possible, staff is requesting to extend the current Banking Services agreement from July 2019 to February 2020 to allow us to find out more information on this topic and future financial software transfer. This includes doing research on the implementation of more technology for credit card payments and more technology transaction; including using future kiosks. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: N/A RECOMMENDATION: Staff’s recommendation is to extend this agreement not to exceed February 2020. The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, the motion was unanimously passed. p. 471 REGULAR SESSION MAY 13, 2019 PAGE -471- MINUTE BOOK 29 UNFINISHED BUSINESS Mr. Fivas stated staff has worked with the applicant of Cleveland Liquor World on a plan for the location that would meet our guidelines and their architect was not able to meet the display space requirement in the Ordinance. Staff is recommending denial. Councilman Estes moved to deny the issuance of a Certificate of Compliance and Local Liquor Store Privilege License to Cleveland Liquor World to be located at 1077 Wildwood Avenue. The motion was seconded by Councilman McKenzie. Upon roll call, Councilman Estes, Councilman McKenzie, Councilman Cassada, Councilman Hughes and Councilman Webb voted aye. Councilman May voted no. The motion to deny carries 5:1. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes thanked Chief Gibson and his staff for their dedicated work during the 5K Race, keeping runners and the public safe. He then congratulated Cleveland City School Director Dr. Russell Dyer for receiving the Southeast Tennessee Superintendent of the Year from the Tennessee Organization of School Superintendents. Councilman Cassada also congratulated Dr. Dyer for his achievement as Southeast Tennessee Superintendent of the Year. Councilman May inquired about the sidewalk project at 20th/17th Street. Mr. Fivas replied we have received full right-of-way clearance from TDOT. We are still working with AT&T and Utilities for their clearance and then we will be ready to begin the bid process soon. Councilman Hughes stated Danny Jones contacted him asked if he would relay to the Council his concerns about making the schools safer. Mr. Jones suggested we need armed guards with AR rifles at every school, outside cameras, so campus’ can be monitored in real- time, clear backpacks and entrances with metal detectors and bag scans. It might seem extreme, but prevention and protection of the children are worth it. NEW BUSINESS AND ORDINANCES Mr. Fivas took a moment to thank the Mayor, Council and staff for working through the budget process. It was a fairly streamlined process. Behind the scenes, not only Shawn McKay, but Christy Brandon, Amy Newman, Department Heads, and other staff who put together and works through the budget process. We appreciate the support we have received. He has distributed to the Council, as discussed one on one, a memo explaining additional administrative changes to the budget message, electrical fees schedule and clerical changes on the Authorized Employee list. Mr. Fivas then introduced Doug Delany with WSP who will be presenting the City Council with the Downtown Revitalization Report. Mr. Delany stated they have been working on the project and with the community a little over a year and feels the plan reflects the vision the community brought before them throughout the process. In summary, in the downtown revitalization initiative, there were three catalyst projects, the Cherokee Hotel, the Old Woolen Mill, and the Moore Building. In addition, they were asked to look at parking in the downtown area, core and market study, as well as a corridor plan for Inman Street. Several meetings and workshops were held and provided helpful input. Ideas of resources for the community like a sports complex, adventure park and a events center; basically, to create more family friendly events in the downtown area. He then reviewed the key elements of the plan by showing views of the potential possibilities of the three catalyst projects. At the Old Woolen Mill there could be additional shops, with open space for outdoor music events. The Cherokee Hotel, it is their conclusion the highest and best use is to convert it back to a boutique hotel, with a total of 65 rooms. Strong focus should be on the ground, second floor with outdoor seating area and the rooftop, which would include a restaurant with outdoor seating. Lastly, the Moore Building, the vision of the corner shows the building replaced with another structure. They did look at the potential of renovating the existing building and believes you could get four small offices on the ground floor and four residential units on the upper floor. You could knock down the back portion of the building to help with building parking. The long-term vision of downtown shows the demolition of the Moore Building and replaced with an anchor building on the corner. There needs to be a very prominent building at this p. 472 REGULAR SESSION MAY 13, 2019 PAGE -472- MINUTE BOOK 29 location, if the existing building is removed. This location could be another downtown hotel to connect with the future expansion that is envisioned for the museum. The parking analyst consist of a parking action plan to be implemented in the future. Parking is generally available in the downtown area. It was observed that employees and customers are competing for the locations. Some of the parking that is available is off the beaten path and feels wayfinding signs should be installed along with building of two parking structures. Also, better connecting sidewalks to parking with businesses, so people will feel a better sense of safety. They recommend the City establish a transportation management office to manage downtown parking, enforce parking and work with area businesses. As additional businesses come online, the city should look into building parking garages to support the expanding businesses. The core and market study was divided into four districts along Inman Street. Around the Courthouse area was not changed a whole lot. They feel sidewalk improvements and upgrading amenities would help the area. As Inman Street improves there are spaces that could be used for new development as well. The area around the Museum, they envision a large park that could host a variety of events, walking paths, fountains and a sunken amphitheater to support concerts and other events. They suggest an expansion of the Museum to include a larger event space to be connected to the new hotel on the corner. They anticipate to connect all the areas with landscaping and lighting to the new park. The Whirlpool factory area is mostly in the floodplain and feel there is an opportunity to create a small lake, near an adventure park. This could be a destination for citizens and for potential residential neighborhoods. The market analysis showed the area could support 125 residential units annually with different price points. Growth is important to keep the demand in the area up. There is a strong demand for a downtown boutique hotel. The idea is getting more people downtown and events and restaurants are key. Finally, the Inman Street Corridor Design Plan shows a gateway roundabout into the downtown area to address the difficult intersection at Inman and First Street. Additionally, they recommend the addition of a gateway park that would tie into the existing Greenway through the park area. First Street would be narrowed and turned one-way and have the Greenway path. Central Inman Street would need gateway signage and help traffic flow easier along the roadways. They recommend the closure of Wildwood to address safety concerns and additional infill development. The idea would be to have cohesive look, ties the entire corridor together, slow traffic and make it pedestrian friendly. WSP’s vision for downtown is based upon the input and comments from the community and feel they have captured it. Hopefully, the community will embrace it and the Mayor, City Council and staff will work to implement the vision over a number of years. The important part is getting started. He then thanked everyone for their time. Mayor Brooks stated he is grateful for the months of work put into this plan. Input from neighborhoods and land owners have been extremely helpful in the process. Reimagining the Heart of Downtown, downtown is the heartbeat of Cleveland. This is not a quick fix. This will be a long-term investment in our City. Mr. Fivas added this is a monumental piece of work. There is so much information to absorb and a report will follow up in a few weeks. He asked to review things we could begin work right now in the community and get a focus on the key aspects. It is going to be hard to get us where we want to be, but the most interesting part is getting started. Due to lack of ability to annex property, we have to look within at land that can be redeveloped, which is in the downtown area. There is 120 acres downtown with all needed infrastructure. There is a market for around 500 new residential units and this area can handle it. This is the heart and soul of the community. Research shows millennials and empty nesters want to live in an area where they don’t have to mow their yards. They want to walk downtown for coffee. Revitalizing downtown is an economic strategy that keeps the taxes low, people coming and moving here and businesses moving. Mr. Fivas then reviewed the following memo to the City Council. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: May 13, 2019 RE: Downtown Revitalization Action Plan SUMMARY: WSP will be publicly releasing on the morning of May 13th their results of their Downtown Revitalization analysis. This effort has been based on substantial public feedback, and has been well received from the community. p. 473 REGULAR SESSION MAY 13, 2019 PAGE -473- MINUTE BOOK 29 This effort has been predicated on being an Action Plan and immediate action is necessary to push these efforts forward. The following are staff recommendations to begin to move forward. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: N/A RECOMMENDATION: City staff is recommending the following: 1. Give the City Manager the authority to begin negotiations on strategic land acquisitions for areas that are discussed in WSP’s Downtown Revitalization Report. This would include giving the authority to contract with land appraisers, environmental consultants, and legal counsel to assist in these efforts. The City Manager shall bring back any land acquisition options for the City Council approval. 2. City staff shall begin a design and cost analysis for construction of the Downtown Greenway segments within the Downtown area. This will include any recommendations to the City Council for closing of any downtown streets and ROW. 3. City staff shall continue developing designs for Central Avenue Streetscape and ROW acquisition, and proceed to construction as soon as possible. 4. City staff shall continue developing designs for Parker Street Streetscape and ROW acquisition, and proceed to construction as soon as possible. 5. City staff shall work with the Mainstreet to implement a flower basket program and install approximately 100 downtown flower baskets and maintenance program. The flower baskets will be debuted in spring/summer of 2020. 6. City staff and Mainstreet work together to complete 100 projects in the ‘Green Your Downtown Initiative’. 7. City staff and consultant shall complete the Build Grant application for the Inman Street Revitalization Project. Then, the Mayor shall work with our Congressional delegation to educate them on our community efforts. 8. City staff shall assist City Fields to acquire property lots for development in the east Cleveland area. 9. City Council gives direction to City staff to develop a feasibility study and economic market information for a future sports tourism project (Indoor Athletic Center) in downtown. This may include direction to contract for a 3rd party consultant. 10. City staff shall review and research the best regulation and zoning structures for a successful downtown revitalization. 11. City staff and Mainstreet shall develop a Request for Proposals (RFP) for a future redevelopment of the Cherokee Hotel structure for the recruitment of a private developer. City staff shall develop a Request for Proposals (RFP) for a future development of a downtown hotel for the recruitment of a private developer. This may also include an effort to find a partner development firm to privately develop the downtown, with a City/County partnership on all of these develop issues p. 474 REGULAR SESSION MAY 13, 2019 PAGE -474- MINUTE BOOK 29 Ms. Jane Hardwick Triplett expressed her excitement and asked if grants were available, particularly for housing. Mayor Brooks replied they have met with THDA are there are available grants for many areas of downtown. Ms. Triplett asked for the things to begin sooner rather than later during our economic high. Mr. Bill Brown also expressed his excitement and thanked the City Council for creating this opportunity for downtown. He feels we need a defined vision and what we want downtown to look like and when we want it to look like it. It would be unfortunate to not have a time line that meets our vision, so we don’t lose the momentum. It would be a tragedy to redo Inman Street but no place for the people to go. Also, a tragedy to build a hotel but don’t extend the opportunity for people to live in downtown Cleveland. There is a real interest of people wanting to move downtown. Mr. Brown concluded by congratulating the Council and value what has been done and hopes for a vision and timeline. Ms. Rachel Brannon asked about the need or interest for performing arts and culture, like multi- purpose areas and theatre venues. Mayor Brooks replied there is a plan for an amphitheater and another building, which is a very large community events, performance center for arts. Also, a gateway for the downtown park area, which is designed for performing arts. Mr. Fivas stated the presentation didn’t convey the arts and culture, which are at the paramount and will be one of the drivers to revitalize downtown. Councilman Estes moved to accept the downtown revitalization action plan as presented in the memo. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Mr. Fivas then reviewed the following memo concerning the Build Grant consultant selection. At this point, we don’t know the cost and we will speak with Volkert and negotiate the best cost possible. TO: Mayor and City Council FROM: Jonathan Jobe, Director of Development Engineering Services DATE: May 13, 2019 RE: RFQ Results for Build Grant Application SUMMARY: The City Council has supported the effort to apply for a Build Grant. The Build Grant is a federal infrastructure grant that requires great precision and understanding of the federal process to make an application. The application round has opened in late April and will be due by July 15, 2019. The City has done substantial preliminary design work on the Inman Street corridor and will apply for this federal grant to rebuild this infrastructure to fit the 21st new economy. Following the necessary RFQ procedures, the City requested RFQ applications to assist the City in completing this grant application by July 15th. The City received 6 applications. These applications were reviewed and scored by a internal city staff committee. The City has concluded that Volkert had the best score from the internal review committee. However, Farmer / Morgan was very close in the rankings from the committee. Volkert has consulted on eight successful Build/Tiger Grant applications. They were the consultant that successfully assisted in a Build Grant within the city of Spring Hill. The City is recommending to the City Council to select Volkert as the top selection for this Build Grant application. If the City staff fails to reach a negotiated cost of services agreement with Volkert, then we are recommending that the City Council give us the authority negotiate with Farmer / Morgan group. We believe both of these groups would be good choices and can successfully complete this work. p. 475 REGULAR SESSION MAY 13, 2019 PAGE -475- MINUTE BOOK 29 COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: This is a Request for Qualifications process that does not require cost as a decision point. If the City Council approves this recommendation, then the City staff will negotiate fair cost of services needed to successfully complete this grant. RECOMMENDATION: The City is recommending to the City Council to select Volkert as the top selection for this Build Grant application. If the City staff fails to reach a negotiated cost of services agreement with Volkert, then we are recommending that the City Council give us the authority negotiate with Farmer / Morgan group. We believe both of these groups would be good choices and can successfully complete this work. Once staff has completed an agreement, give the Mayor the authority to sign the agreement for consultant services. Councilman May moved to accept the recommendation and begin cost negotiations with Volkert. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Zoning Ordinance No: 2019-21 – Rezoning 1.46 acres located on King Edward Ave SE (Tax Map 057L Group A Parcels 19.00, 19.01, & 20.00 from IL Light Industrial Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 7-0; 1 member absent, 1 member not yet sworn-in). ZONING ORDINANCE NO: 2019-21 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from IL Light Industry Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Approximately 1.46 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 57L Group A Parcels 19.00, 19.01 and 20.00 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. 476 REGULAR SESSION MAY 13, 2019 PAGE -476- MINUTE BOOK 29 Exhibit Councilman Estes moved that Zoning Ordinance No: 2019-21 be approved on first reading. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-42 – Adopting a Plan of Service for the annexation area of about .93 acres located on Martin Dr NW ((Planning Commission: Approved 6-0; 1 member absent, 1 member recused, 1 member not yet sworn-in). RESOLUTION NO: 2019-42 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT MARTIN DR NW- BANK OF CLEVELAND PROPERTY 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 May 13, 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 the southwest corner of the lands of Linda Kaye Howard, as recorded in BCROD deed book 2519 page 828; thence in a southerly direction with the eastern line of Martin Dr, 150 feet to a point; thence extending eastwardly with the northern line of the lands of Brice Bynum, as recorded in BCROD deed book 2178 page 991, 308 feet, more or less, to the northeast corner of the lands of Bynum; thence with the western line of the lands of Virginia Matheny, as recorded in BCORD deed book 2226 page 67, in a northerly direction 148 feet, more or less, to the southeast corner of the lands of Howard; thence in a westerly direction with the southern line of the lands of Howard 274.4 feet, more or less, to the point of beginning. p. 477 REGULAR SESSION MAY 13, 2019 PAGE -477- MINUTE BOOK 29 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 APRIL 12, 2019 MARTIN DR NW- BANK OF CLEVELAND PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately .93 acres located on Martin Dr 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 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. p. 478 REGULAR SESSION MAY 13, 2019 PAGE -478- MINUTE BOOK 29 The property consists of two vacant parcels. It could be expected that on to two residences may be developed at some point post annexation. The property is described as Tax Map 49G Group A Parcel 20.00 and 21.01. Martin Dr NW- Bank of Cleveland Property Legal Description Beginning at the southwest corner of the lands of Linda Kaye Howard, as recorded in BCROD deed book 2519 page 828; thence in a southerly direction with the eastern line of Martin Dr, 150 feet to a point; thence extending eastwardly with the northern line of the lands of Brice Bynum, as recorded in BCROD deed book 2178 page 991, 308 feet, more or less, to the northeast corner of the lands of Bynum; thence with the western line of the lands of Virginia Matheny, as recorded in BCORD deed book 2226 page 67, in a northerly direction 148 feet, more or less, to the southeast corner of the lands of Howard; thence in a westerly direction with the southern line of the lands of Howard 274.4 feet, more or less, 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 1. Providing service to this parcel would have no budgetary impact on the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants The following costs are based on 702 Martin Drive having been annexed. A. Domestic Water--- Water will need to be extended on Martin Drive to serve the Martin Drive- BOC property. To provide water service, it is estimated to cost $10,200 and can be completed within eight (8) years after annexation. p. 479 REGULAR SESSION MAY 13, 2019 PAGE -479- MINUTE BOOK 29 B. Sanitary Sewer--- Sanitary sewer facilities will need to be extended to serve this parcel. To provide sanitary sewer facilities, it is estimated to cost $12,500 and can be completed within eight (8) years after annexation. C. Fire Hydrants--- The fire hydrant included in the annexation of 702 Martin Drive will provide fire protection to these properties. SUMMARY OF COSTS Water Sanitary Sewer Total 702 Martin Drive Annexation Area $10,200 $12,500 $22,500 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. 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. p. 480 REGULAR SESSION MAY 13, 2019 PAGE -480- MINUTE BOOK 29 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. 6. Schools The current cost to the school system is $976.59 per student per year. No immediate costs are expected and minimal additional costs are anticipated long term. 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 Zoning 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. p. 481 REGULAR SESSION MAY 13, 2019 PAGE -481- MINUTE BOOK 29 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. 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. 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 property is currently vacant with a total assessed value of $29,900. At the City’s current tax rate this would result in approximately $153.99 in annual property tax. Councilman Estes moved that Resolution No: 2019-42 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-43 – Annexing about .93 acres located on Martin Dr NW (Planning Commission: Approved 6-0; 1 member absent, 1 member recused, 1 member not yet sworn-in). RESOLUTION NO: 2019-43 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 MARTIN DR NW- BANK OF CLEVELAND PROPERTY 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; 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 p. 482 REGULAR SESSION MAY 13, 2019 PAGE -482- MINUTE BOOK 29 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 May 13, 2019. 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 the southwest corner of the lands of Linda Kaye Howard, as recorded in BCROD deed book 2519 page 828; thence in a southerly direction with the eastern line of Martin Dr, 150 feet to a point; thence extending eastwardly with the northern line of the lands of Brice Bynum, as recorded in BCROD deed book 2178 page 991, 308 feet, more or less, to the northeast corner of the lands of Bynum; thence with the western line of the lands of Virginia Matheny, as recorded in BCORD deed book 2226 page 67, in a northerly direction 148 feet, more or less, to the southeast corner of the lands of Howard; thence in a westerly direction with the southern line of the lands of Howard 274.4 feet, more or less, 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. [Plan of Service 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 Councilman May moved that Resolution No: 2019-43 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 483 REGULAR SESSION MAY 13, 2019 PAGE -483- MINUTE BOOK 29 The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-22 – Zoning .93 acres located on Martin Dr NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 6-0; 1 member absent, 1 member recused, 1 member not yet sworn-in). ZONING ORDINANCE NO: 2019-22 AN ORDINANCE TO ZONE THE “MARTIN DR NW- BANK OF CLEVELAND PROPERTY AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 13th day of May 2019 a notice thereof published in the Cleveland Daily Banner on April 21, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution 2019-42; and, WHEREAS, this property was annexed by Resolution 2019-43; and 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 Zoning 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 p. 484 REGULAR SESSION MAY 13, 2019 PAGE -484- MINUTE BOOK 29 Exhibit B Legal Description Beginning at the southwest corner of the lands of Linda Kaye Howard, as recorded in BCROD deed book 2519 page 828; thence in a southerly direction with the eastern line of Martin Dr, 150 feet to a point; thence extending eastwardly with the northern line of the lands of Brice Bynum, as recorded in BCROD deed book 2178 page 991, 308 feet, more or less, to the northeast corner of the lands of Bynum; thence with the western line of the lands of Virginia Matheny, as recorded in BCORD deed book 2226 page 67, in a northerly direction 148 feet, more or less, to the southeast corner of the lands of Howard; thence in a westerly direction with the southern line of the lands of Howard 274.4 feet, more or less, to the point of beginning. Councilman Hughes moved that Zoning Ordinance No: 2019-22 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2019-23 – FY2019 Budget Amendments. ORDINANCE NO: 2019-23 AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE TO AMEND THE 2018-2019 BUDGET FOR THE CITY OF CLEVELAND, TENNESSEE. BE IT ORDAINED by the City Council of the City of Cleveland that the City of Cleveland, Tennessee budget for fiscal year 2018-2019 be amended according to the attached amendment. BE IT FURTHER ORDAINED by the City Council of the City of Cleveland, Tennessee that all ordinances in conflict with the provisions of this ordinance are hereby repealed. This Ordinance shall take effect from and after its final passage, the public welfare of the City of Cleveland requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 485 REGULAR SESSION MAY 13, 2019 PAGE -485- MINUTE BOOK 29 p. 486 REGULAR SESSION MAY 13, 2019 PAGE -486- MINUTE BOOK 29 p. 487 REGULAR SESSION MAY 13, 2019 PAGE -487- MINUTE BOOK 29 Councilman Estes moved that Ordinance No: 2019-23 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2019-24 – Amending Title 8, Chapter 3 of the Cleveland Municipal Code pertaining to Liquor Stores and Transfers of Certificate of Compliance. p. 488 REGULAR SESSION MAY 13, 2019 PAGE -488- MINUTE BOOK 29 ORDINANCE NO. 2019-24 AN ORDINANCE TO AMEND SECTION 8-318 (d) OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO THE TRANSFER OF CERTIFICATES OF COMPLIANCE FOR LOCAL LIQUOR STORE PRIVILEGE LICENSES IN THE CITY OF CLEVELAND WHEREAS, at its regular meeting held on April 22, 2019, the City Council discussed the idea of creating a process which would allow for the possible transfer of an approved certificate for a liquor store from an approved location to another location which meets all of the requirements of the Cleveland Municipal Code; and WHEREAS, the City Council now desires to amend a portion of the Cleveland Municipal Code relative to liquor stores to create a process for the potential transfer of an approved certificate of compliance to a new proposed location. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED: SECTION 1: Section 8-318 (d) of the Cleveland Municipal Code is hereby amended to read as follows: (d) Transfer. A licensee or co-licensee shall not sell, assign or transfer his or her license or any ownership interest therein. No license shall be transferred from one location to another location without the express permission of the City Council. For only those applicants that have applied for and received a certificate of compliance from the City Council on or before May 13, 2019, those applicants may apply to the City Council to transfer their certificate of compliance from the current approved location to another proposed location, subject to all of the following conditions: (i) The applicant must submit a complete new application for the proposed new location. The new application must contain all of the information required by this chapter. (ii) The application must be submitted to the City by no later than September 10, 2019 at 4:00 p.m. eastern standard time. (iii) The new proposed location must meet all of the requirements of this chapter, including, but not limited to the public notice and public hearing requirements. (iv) If the new proposed location is approved by the City Council, then the City will provide the applicant with a certificate of compliance for the new proposed location, and the current certificate of compliance would no longer be valid. (v) Nothing in this section is intended to increase the number of certificates of compliance for liquor stores within the City of Cleveland. SECTION 2. This ordinance shall take effect 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: 2019-24 be approved on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 489 REGULAR SESSION MAY 13, 2019 PAGE -489- MINUTE BOOK 29 The following bid summary was presented: TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: May 13, 2019 RE: Bid Summary – Norman Chapel Road Improvements SUMMARY: Sealed bids were received on May 2, 2019, for Norman Chapel Road Improvements. The bids are listed below: • Caldwell Paving Cleveland, TN $985,712.35 • Cherokee Construction Cleveland, TN $850,119.45 • Greenstar Cleveland, TN $800,207.90 • Wilson Construction Athens, TN $832,308.96 COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: This is an MPO project and is within budget. RECOMMENDATION: All information has been submitted to TDOT for review and approval. However, there are potential issues being reviewed by TDOT. One of the bid bonds was submitted on a separate form instead of the preprinted form provided in the bid packet. There is question as to whether TDOT will allow the bid given the technical nature of their specifications. Another bidder submitted a complete proposal but did not submit the entire packet. Our recommendation is to award the bid to the lowest responsive and qualified bidder as determined by TDOT. Councilman May moved to rebid the Norman Chapel Road improvement project. The motion was seconded by Councilman Webb. Upon roll call, Councilman May, Councilman Webb, Councilman McKenzie and Councilman Hughes voted aye. Councilman Estes and Councilman Cassada voted no. The motion carries 4:2. The following bid summary was presented: • Bid Summary – Candies Lane Construction Project. TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: May 13, 2019 p. 490 REGULAR SESSION MAY 13, 2019 PAGE -490- MINUTE BOOK 29 RE: Bid Summary – Candies Lane Drainage Improvement Project SUMMARY: Sealed bids were received on May 13, 2019, for the Candies Lane Drainage Improvement Project. The bids are listed below: • Caldwell Paving Cleveland, TN $1,379,976.00_____ COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Bid exceeds budgeted amount. RECOMMENDATION: Due to limited funding, staff recommends rebidding this project. Mr. Fivas stated we received one bid, mainly due to the type of con/span bridge and the project timeline, which, due to traffic concerns, is to be completed before school begins. We have some options, like to rebid, but the construction could run into the fall. Councilman May stated he feels it will anyways. We gave an impossible deadline. Mr. Fivas agreed and felt if it is rebid we should give option on the type of bridge and expand the time frame. Councilman May stated if we allowed poured-in-place, that is something they can begin work on. The con/span bridge, you are at the mercy of the company making the bridge. The project could run longer. Councilman Webb asked how many showed interest that didn’t bid. Mr. Jobe replied a total of five picked up a packet. We did have one contractor specifically ask for poured-in-place. Councilman May stated we might get additional bids if they see they can meet a deadline and change the product specs. Councilman Cassada stated he was advised the road would be down two weeks and now it could be longer. School ends May 24 and starts back up August 5. We are giving them 71 days to complete the project, how could they meet that goal. We wanted this project complete before the Hwy 60 construction project began. There are 19 large neighborhoods back there. It will affect a lot of people. If it is rebid, it will be June before it could be awarded. He then asked about the timeline. Mr. Fivas replied the current bid is saying it will meet the timeline. Mr. Jobe commented if it is rebid then it could be another month and poured-in-place will take longer. Councilman May inquired if options were looked at to not shut the road down completely. Mr. Jobe stated they did but felt it would decrease the number of bidders due to traffic control. Contractors want to close the road. Councilman Estes asked about funding. Mr. McKay stated this will be paid from Stormwater but we only budgeted one million. If we proceed, another smaller project will have to be delayed. Councilman Cassada moved to accept the bid, to not delay the project any further and less of a traffic impact. The motion was seconded by Councilman Estes. Mr. Fivas added there was a ten dollar abnormality which needs to be waived. Councilman Estes asked for staff recommendation. Mr. Fivas stated our recommendation is to rebid. However, the road will likely be shutdown when school is in session, which will cause problems. Mr. Jobe added there are 8,000 cars a day on Candies Lane. Councilman May stated he has an issue to vote on a construction project that has only one bid. Councilman Hughes agreed and we want the project done, but feels we need to rebid. Councilman Cassada stated this fall Hwy 60 project will begin, but no further updates have been received. Mr. Fivas stated they haven’t started bidding, so we have time, even if this is rebid. Councilman Cassada then withdrew his motion. Councilman Estes withdrew his second. Mr. Fivas stated since this is not state funded, we can follow our local rules, rebid and bring this back for June 10. Councilman Webb asked about permitting. Mr. Jobe stated if we change the type of culvert it will require another TDEC permit, which could add 30 days but recommends if we are going to rebid then we ask for all options. Councilman Cassada moved to rebid the Candies Lane construction project with all options. The motion was seconded by Councilman May; and upon roll call, unanimously passed. p. 491 REGULAR SESSION MAY 13, 2019 PAGE -491- MINUTE BOOK 29 The following Resolution was then presented in full: RESOLUTION NO: 2019-46 AUTHORIZING THE CITY OF CLEVELAND TO APPLY FOR A BULLETPROOF VEST PARTNERSHIP GRANT FOR FY 2019 YEAR THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE WHEREAS, the City of Cleveland desires to apply for a FY 2019 Bulletproof Vest Partnership Grant through the United States Department of Justice, Bureau of Justice Assistance, for bulletproof vests to be used in the Cleveland Police Department; and WHEREAS, the cost of these 25 vests is $17,500 ($700 each), and the grant, if approved, would reimburse the City for 50% of the cost of these vests; and WHEREAS, the City Council desires to apply for this grant, and to authorize the Mayor to sign all documents and to take all actions on behalf of the City that may be necessary or appropriate in connection with the grant application, and to accept the grant if approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the City of Cleveland is hereby authorized to apply for this grant, and the Mayor is hereby further authorized to sign all documents on behalf of the City that may be necessary or appropriate for the completion of the grant application. BE IT FURTHER RESOLVED that if the City is awarded the grant, that the Mayor is further authorized to sign all documents and to take any other action on behalf of the City that may be necessary or appropriate for the City to accept this grant. This 13th day of May, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2019-46 be accepted as presented. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Councilman Hughes stated he had been approached during a townhall meeting about the Senior Advisory Committee meeting again and feels Councilman Webb would be an excellent Chairman. Councilman Hughes then moved to appoint Councilman Webb as Chairman to the Senior Advisory Committee. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. ANNOUNCEMENTS • City Offices will be closed on Monday, May 27 in observance of Memorial Day. The next City Council will be Monday, June 10, 2019. Mayor Brooks then thanked everyone for the birthday wishes. There being no future business the meeting was adjourned at 5:23 p.m. _________________________________ ______________________________ Mayor City Clerk