Cleveland City Council

p. 493 REGULAR SESSION JUNE 10, 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, JUNE 10, 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; Deputy Fire Chief Pete VanDusen; Kris Miller, IT Director; Sue Zius, Assistant to the Mayor/Legislative Liaison; Brian Moran, Social Media Coordinator; Mike Griffin and Doug Berry with the Chamber of Commerce; Tad Bacon with Cleveland Utilities; Bethany McCoy with Lee University; Mitchell Kinder; Joyce Stapek; Frank Almazan; Kevin Wilson; Alisha Fox; Casi Hodges; Enrique DeJesus; Sharon Marr with Mainstreet Cleveland; David Monguic; Tim Siniard with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Max Morris with His Hand Extended Bible Study Group 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 May 13, 2019 and approve them as written. The motion was seconded by Councilman May; and upon roll call, the motion unanimously passed. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS Mayor Brooks stated today we are swearing-in seven new Police Officers to the Cleveland Police Department. Chief Gibson introduced each officer and gave a brief background on each of them. Mayor Brooks then administered the Oath of Office to Police Officer Zachary Kilby, Evan Driskill, Kory Gillam, Brandon Lee, Jonathan Higdon, Aaron Harding and Misha Fanelli and welcomed them to the Cleveland Police Department. Councilman Estes moved to declare the service weapon of Master Officer Brian Montgomery as surplus property effective upon the date of his retirement this year and hereby given to him as a token of the City’s appreciation for his 30-years of dedicated service to the City of Cleveland’s Police Department. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. Mayor Brooks then presented Master Officer Montgomery with his service weapon and thanked him for his service. Mayor Brooks announced he is appointing to the Cleveland Housing Authority Board; Dee Burris to replace David Durkin who has resigned and to the Planning Commission; Ben Berry to replace Dee Burris, who has resigned. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a request to rezone .41 acres, more or less, located 600 25th St NW (Tax Map 41M Group B Parcel 004.01) from R2 Low Density Single and Multi-Family Zoning District to PI Professional Institutional Zoning District. Corey Divel gave a brief staff report and stated it was believed the property had a deed restriction and after a fair amount of research, it is now believed the deed restriction has been released. Considering the new information, it is possible to send this item back to the Planning Commission for further review, since it was denied by them 9-0. Mayor Brooks asked if anyone would like to speak in favor of the rezoning. Jim Bilbo stated he is not speaking for or against, but does represent an adjoining property owner, who doesn’t have an opinion either, but p. 494 REGULAR SESSION JUNE 10, 2019 PAGE -494- MINUTE BOOK 29 understands the deed restrictions were released and would like the item to return to the Planning Commission for further review. The applicants are in agreement with this as well. 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. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning a request to rezone 5.5 acres, more or less, located on Norman Chapel and Adkisson Dr NW (Tax Map 41D Group G Parcels 014.00, 015.00, 016.00, and 017.00) from R2 Low Density Single and Multi- Family Residential Zoning District to PI Professional Institutional Zoning District. Corey Divel gave a brief staff report and stated it was approved at the Planning Commission 9-0. 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. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning a request to rezone 4.5 acres, more or less, located Georgetown Road between Kimberly Drive NW and Weston Hills Drive NW (Tax Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01.) from R3 High Density Single and Multi-Family Residential Zoning District to PI Professional Institutional Zoning District. Corey Divel gave a brief staff report and stated it was approved at the Planning Commission 9-0. 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. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning a request to rezone .76 acres, more or less, located on Northeast Rd SE (Tax Map 65D Group E Parcel 018.01) from CH Commercial Highway Zoning District to R2 Low Density Single and Multi-Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was denied at the Planning Commission 9-0. 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. Mayor Brooks then announced the applicant has requested this item to be withdrawn. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning a request to rezone 1.01 acres, more or less, located on Westside Dr and Douglas Circle NW (Tax Map 49B Group A Parcel 017.03) from R1 Single Family Zoning District to R3 High Density Single and Multi-Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved at the Planning Commission 9-0. 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. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning a resolution to annex about 1.33 acres, more or less, located at 2764 South Lee Highway 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 at the Planning Commission 9-0. Mayor Brooks asked if anyone would like to speak in favor of the annexation and plan of service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the annexation and plan of service. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks stated today’s meeting is also being held to hear public comments concerning the zoning of about 1.33 acres, more or less, located at 2764 South Lee Highway from the unincorporated county to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved at the Planning Commission 9-0. 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. p. 495 REGULAR SESSION JUNE 10, 2019 PAGE -495- MINUTE BOOK 29 CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Final Passage - Zoning Ordinance No: 2019-21 – heretofore passed on first reading May 13, 2019 and found in Minute Book 29, Page 475; 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). • Final Passage - Zoning Ordinance No: 2019-22 – heretofore passed on first reading May 13, 2019 and found in Minute Book 29, Page 483; 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). • Final Passage - Ordinance No: 2019-23 – heretofore passed on first reading May 13, 2019 and found in Minute Book 29, Page 484; FY2019 Budget Amendments. • Final Passage - Ordinance No: 2019-24 – heretofore passed on first reading May 13, 2019 and found in Minute Book 29, Page 488; amending Title 8, Chapter 3 of the Cleveland Municipal Code pertaining to Liquor Stores and Transfers of Certificate of Compliance. • Resolution No: 2019-47 Authorizing the Mayor to sign contract amendment #1 with Miller-McCoy, Inc. for engineering services for the Dalton Pike/Wildwood sidewalk improvement project. RESOLUTION NO. 2019-47 WHEREAS, the City has received the attached contract amendment number 1 from Miller McCoy, Inc. for engineering services for the project described below; and Project: Dalton Pike/ Wildwood Sidewalk Improvement Project WHEREAS, the City Council desires to enter into the attached contract amendment number 1 with Miller McCoy, Inc. for the project described herein and the services in the amendment, and to further authorize the Mayor to execute this contract 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 contract amendment number 1 with Miller McCoy, Inc. for the project described herein and in the amendment, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-48 – Authorizing the Mayor to sign contract amendment #2 with Stantec Consulting Services, Inc. for additional engineering services for the Candies Lane/Inverness Drive project. p. 496 REGULAR SESSION JUNE 10, 2019 PAGE -496- MINUTE BOOK 29 RESOLUTION NO. 2019-48 WHEREAS, the City development and engineering department previously determined that it was necessary to obtain professional engineering services in connection with drainage and intersection improvements near Candies Lane and Inverness Drive (hereafter "the Project"); and WHEREAS, in connection with this project, the City's development and engineering department recommended that the City enter into a professional engineering services agreement with Stantec Consulting Services, Inc.; and WHEREAS, the City Council previously approved an agreement with Stantec Consulting Services, Inc. for the referenced project and amendment #1 to that original agreement; and WHEREAS, in connection with said project, the City's development and engineering department is now recommending that the City enter into the attached amendment #2 to the professional engineering services agreement with Stantec Consulting Services, Inc.; and WHEREAS, the attached amendment #2 to the professional engineering services agreement with Stantec Consulting Services, Inc. will increase the contract price by $12,500; and WHEREAS, the City Council now desires to accept the proposed amendment #2 to the agreement with Stantec Consulting Services, Inc. for the referenced project, and to further authorize the Mayor to execute the same 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 existing agreement with Stantec Consulting Services, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the amendment on behalf of the City of Cleveland. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-49 – Authorizing the Mayor to sign contract amendment #2 with TDOT for Norman Chapel Road project. RESOLUTION NO. 2019-49 WHEREAS, the City has received the attached contract amendment number 2 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project: Norman Chapel Road from Adkisson Drive to Peerless Road Agreement Number: 100249 Project Identification Number: 114567.00 State Project Number: 06LPLM-F3-027 Federal Project Number: STP-M-9203 (18) WHEREAS, the City Council desires to enter into the attached contract amendment number 2 with TDOT for the project described herein and in the amendment, and to further authorize the Mayor to execute this contract 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 p. 497 REGULAR SESSION JUNE 10, 2019 PAGE -497- MINUTE BOOK 29 attached contract amendment number 2 with TDOT for the project described herein and in the amendment, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-50 – Authorizing the Mayor to sign contract amendment #9 with WSP USA, Inc. (formerly Parson Brinkerhoff, Inc.) for MPO projects. RESOLUTION NO: 2019-50 RESOLUTION APPROVING CONTRACT AMENDMENT #9 TO A TRANSPORTATION PLANNING CONTRACT WITH. WSP USA, INC., (FORMERLY PARSONS BRINKERHOFF, INC.) IN SUPPORT OF THE CLEVELAND URBAN AREA METROPOLITAN PLANNING ORGANIZATION WHEREAS, the City of Cleveland serves as the contracting entity on behalf of the Cleveland Urban Area Metropolitan Planning Organization (MPO) in order to plan and implement transportation improvements within the Cleveland MPO area; and WHEREAS, the City of Cleveland has maintained a contract with Parsons Brinkerhoff, Inc. for transportation planning services on behalf of the Cleveland Urban Area MPO, and additional services are anticipated to be needed above the current “not to exceed” amount established by a prior contract amendment; and WHEREAS, Parsons Brinkerhoff, Inc. is now known as WSP USA, Inc.; and WHEREAS, the proposed Contract Amendment #9 is attached hereto and incorporated herein by reference; and WHEREAS, the City Council desires to approve of the same on behalf of the Cleveland Urban Area Metropolitan Planning Organization (MPO). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the City Council does hereby approve of Contract Amendment #9 with WSP USA, Inc. which amendment is attached hereto and incorporated herein by reference, and the Council further authorizes the Mayor to execute the same. Approved this 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 498 REGULAR SESSION JUNE 10, 2019 PAGE -498- MINUTE BOOK 29 • Resolution No: 2019-51 – Extending the paving contract with Talley Construction for an additional two-year term to expire June 30, 2021. RESOLUTION NO: 2019-51 WHEREAS, the City’s major paving contract for Public Works is with Talley Construction of Rossville Georgia; and WHEREAS, City staff are recommending that the current agreement with Talley Construction be extended for a two-year period beginning on July 1, 2019 and ending on June 30, 2021; and WHEREAS, the agreement with Talley Construction for this two-year term is attached hereto. 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 agreement with Talley Construction, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-52 – Extending the brush chipping contract with G.W. and Sons Excavating for an additional one-year term to expire June 30, 2020. RESOLUTION NO. 2019-52 WHEREAS, the City’ brush chipping contract is with G.W. & Son Excavating of Vonore, Tennessee; and WHEREAS, City staff are recommending that the current agreement with G.W. & Son Excavating be extended for a one-year period beginning on July 1, 2019 and ending on June 30, 2020; and WHEREAS, the agreement with G.W. & Son Excavating for this one-year term is attached hereto. 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 agreement with G.W. & Son Excavating, and the City Council further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 499 REGULAR SESSION JUNE 10, 2019 PAGE -499- MINUTE BOOK 29 • Resolution No: 2019-53 – Accepting donation of property off Blythe Avenue SE from Lisa and Joe Musselwhite. RESOLUTION NO: 2019-53 A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM LISA AND JOE MUSSELWHITE WHEREAS, Lisa and Joe Musselwhite are the owners of a parcel of land located off Blythe Avenue SE which is more specifically identified as Tax Map 057L-B-001.00, and WHEREAS, Lisa and Joe Musselwhite have offered to donate this real property to the City of Cleveland; and WHEREAS, the land to be donated to the City will be used for public benefit; and WHEREAS, the proposed deed from Lisa and Joe Musselwhite is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland appreciates the donors’ proposed gift to the City, and desires to accept the same. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cleveland, Tennessee does hereby accept the donation of the land described in the attached documents and it hereby extends its appreciation to Lisa and Joe Musselwhite for this donation to the City. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-54 - Approving Private Act Chapter Number 22; House Bill No.1512, Senate Bill 1511; which amends Article III Section 3 of the City Charter pertaining to Voter Qualification Requirements. RESOLUTION NO: 2019-54 A Resolution of the City Council of the City of Cleveland, Tennessee approving of Private Chapter Number 22 (House Bill 1512, Senate Bill 1511) which Private Act amends Article III, Section 3 of the City Charter pertaining to Voter Qualification Requirements WHEREAS, at the request of the City Council, the Tennessee General Assembly has passed Private Chapter Number 22 (House Bill 1512, Senate Bill 1511) which Private act amends Article III, Section 3 of the City Charter pertaining to Voter Qualification Requirements; and WHEREAS, Governor Bill Lee signed this Private Chapter on May 24, 2019; and WHEREAS, a copy of the Private Chapter is attached hereto and incorporated herein by reference; and WHEREAS, Section 2 of this Private Act provides that it shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of the City of Cleveland, which means the City Council must approve this Private act before it becomes law by an affirmative vote of at least five (5) members of the City Council; and WHEREAS, the City Council desires to pass this Resolution in order to comply with the requirements of Section 2 of the Private Act. p. 500 REGULAR SESSION JUNE 10, 2019 PAGE -500- MINUTE BOOK 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE IN REGULAR SESSION ASSEMBLED: Section 1. The Cleveland City Council hereby approves of Private Chapter 22. Section 2. The Mayor is hereby directed to send a copy of this Resolution to the Tennessee Secretary of State and to certify the approval of this Private act by a two-thirds (2/3) vote of the City Council, as required by Section 2 of the Private Act. Section 3. That this Resolution shall take effect from and after its adoption, the welfare of the City of Cleveland requiring it. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-58 – Authorizing staff to apply for the 2019 Tennessee Agriculture Enhancement Program Grant. RESOLUTION NO: 2019-58 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2019 TENNESSEE AGRICULTURE ENHANCEMENT PROGRAM WHEREAS, the State of Tennessee Department of Agriculture is requesting project proposals through the Tennessee Agricultural Enhancement Program (TAEP) to increase tree populations and enhance the benefits they provide; and WHEREAS, each winning proposal may be awarded a total up to $20,000 in grant funds, which will be used to reimburse expenses on a monthly basis, for a maximum of five months. The TAEP offers a 50/50 matching cost-share program for tree planting on public property; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to apply for the grant application, and authorize the Mayor to sign the same, as well as to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Agriculture. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to sign and submit a grant application with the State of Tennessee Department of Agriculture on behalf of the City of Cleveland for the grant described herein. BE IT FURTHER RESOLVED by the City Council of the City of Cleveland that the Mayor and City staff be and hereby are authorized to execute any other documents or take any other actions which may be necessary or appropriate to implement the grant if the same is awarded to the City by the Tennessee Department of Agriculture. Adopted this 10th day of June, 2019 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 501 REGULAR SESSION JUNE 10, 2019 PAGE -501- MINUTE BOOK 29 • Resolution No: 2019-59 – Authorizing the application for the 2019 Multi-Modal Access Grant. RESOLUTION NO: 2019-59 RESOLUTION TO SUPPORT AN APPLICATION TO THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE MULTI-MODAL ACCESS GRANT PROGRAM FUNDING WHEREAS, the City of Cleveland desires to submit an application to the Tennessee Department of Transportation (TDOT) for funding under the Multi-modal Access Grant Program for a project described as the “25th Street/Georgetown Road to Peerless Road Sidewalks and Transit-related Improvements”; and WHEREAS, the City of Cleveland has worked with the Cleveland Urban Area MPO, the Cleveland Urban Area Transit System, TDOT and others to develop the concept plan for the 25th Street/Georgetown Road to Peerless Road Sidewalks and Transit-related Improvements project in accordance with TDOT guidance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cleveland, Tennessee that: 1. The application to TDOT for Multi-modal Access Grant funds is hereby endorsed for the 25th Street/Georgetown Road to Peerless Road Sidewalks and Transit-related Improvements project with a total expected eligible project cost of $950,000 with a City of Cleveland participation of 5% of the total eligible project costs. 2. The Mayor is authorized to sign a letter to that effect as well as any related grant contract or documents for the purpose of securing these funds. Approved this 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Bid Report – Sidewalk, Curb and Gutter TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: June 10, 2019 RE: Bid Summary – Sidewalk, Curb and Gutter SUMMARY: Sealed bids were received on June 4, 2019, for the Sidewalk, Curb and Gutter project. The bids are listed below: Black Ronald Franks Construction Construction Wright Industrial 701-01 Remove and Replace Standard Concrete Sidewalk $7.00/SQ FT $12.00/SQ FT $8.25/SQ FT p. 502 REGULAR SESSION JUNE 10, 2019 PAGE -502- MINUTE BOOK 29 701-02 Concrete Driveways with 10 Gauge Wire or Fiber (6" Thick) $7.00/SQ FT $14.00/SQ FT $10.50/SQ FT 701-02.1 Handicap Ramps (Dome Provided by City) $6.00/EACH $1,800.00/EACH $925.00/EACH 701-03 Concrete Sidewalks (4" Thick w/6" Finished Face) $5.50/SQ FT $12.80/SQ FT $10.00/SQ FT 303-05 Crush Stone Backfill (Graded Aggregate) $30.00/C.Y. $52.00/C.Y. $75.00/C.Y. 702 6"x30" TDOT Cement Concrete Combined Curb and Gutter $18.00/L.F. $44.00/L.F. $36.00/L.F. 6" Detached Concrete Curb "Extruded Curbing" $5.00/L.F. $24.00/L.F. $5.50/L.F. COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Funding is available RECOMMENDATION: Staff is recommending award to the lowest responsive bidder, Black Construction. • Motion – Adopting a revised Board/Committee Appointment Policy. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: June 10, 2019 RE: Board/Committee Appointment Policy SUMMARY: The City Council approved a new Board /Committee Appointment Policy to start on March 1, 2019. As we have begun implementation, I’ve received a few questions on who is responsible for communications on this policy, and where the information should be housed. I’ve amended this policy to clarify that the communications on appointments from residents or to City Council will be housed within the Mayor’s office. All communications of applications and process will a responsibility of the of Mayor’s office. I also required public notices to twice a year from once a year. I also clarified and tightened up the language within the policy. COMMITTEE FINDINGS: No Board or Committee action. p. 503 REGULAR SESSION JUNE 10, 2019 PAGE -503- MINUTE BOOK 29 FISCAL ANALYSIS: N/A RECOMMENDATION: Staff’s recommendation is to approve the new appointment policy. BOARD/COMMITTEE APPOINTMENT POLICY SECTION I: SCOPE: This Policy serves to provide procedures for the acceptance of names, interview process, selection, and appointment of citizens interested in serving on Boards and Committees which are appointed by the Mayor and City Council. This Policy is in place to assist the Mayor and City Council in making informed choices for Boards/Committees. SECTION II: GENERAL: A. RESIDENCY: Unless legal requirements specify otherwise, all appointees shall be residents of the City of Cleveland, TN or meet the voter qualification requirements to vote in a City election, as set forth by election laws of the State of Tennessee or the Charter of the City of Cleveland. Any individual who is not a resident of the City of Cleveland and who does not meet the voter qualification requirements who is currently serving on a board or committee shall be allowed to complete their term of appointment. Any individual who is not a resident of the City of Cleveland and who does not meet the voter qualification requirements who is currently serving on a board or committee must be a City resident to be re-appointed to the board or committee. Any individual who is newly appointed to a board or committee after the effective date of this policy who thereafter ceases to be a resident of the City of Cleveland and no longer meets the voter qualification requirements specify otherwise. However, they shall not re-appointed to that board or committee after their term expires unless they meet the residency requirements set forth herein. B. PUBLIC NOTICE OF OPENINGS: There will be a public notice of Board/Committee seats which are being appointed posted in at least two (2) public places, or inserted in the local newspaper before July 1st (Boards & Committees) and January 1st of each year. This notice will include both vacant and expiring positions. The Mayor’s office will be responsible for public notices, and the operation of this appointment policy. All communications for appointments will send to the Mayor’s office. Frequently, the Mayor’s office will send communications to all City Council members on upcoming Board/Committee appointments. This will allow Council members the ability to contact potential people who are interested in the positions. C. SUBMISSION OF CANDIDACY IN WRITING: Interested citizens must submit their candidacy by filing a Committee Appointment Application with the Mayor’s office in order to be considered. The application is available at the City Clerk’s Office, the Mayor’s office, or at www.clevelandtn.gov. Current members seeking reappointment who desire to be appointed as regular members must also apply in writing. D. DATE OF APPOINTMENT: Appointments will be made at a Council meeting. p. 504 REGULAR SESSION JUNE 10, 2019 PAGE -504- MINUTE BOOK 29 E. UNEXPIRED TERMS: In an effort to expedite the filling of an early vacated seat, the Mayor/City Council may consider any applications currently on-file at the Mayor’s office for appointment. Open positions will be filled only after announcing the vacancies at a Council meeting and advertising said vacancies on the City Website not less than a two-week period. F. LIMITATION: It is the Council’s goal to engage as many citizens as possible. If any one person could serve on every Board/Committee it would limit the opportunity for other citizens to serve. Therefore, no one person shall be appointed to serve on more than two (2) Boards and/or Committees at the same time. G. OPEN POSITIONS: The Mayor’s office will keep a list of all open positions and expiring terms and make the City Council aware of these openings prior to the positions being filled. SECTION III: APPOINTMENT PROCEDURE: A. BOARD/COMMITTEE MEMBER APPOINTMENT: 1. All applicants for Mayoral appointments interested in serving on a Board/Committee will need to have the recommendation or non- recommendation from the Mayor upon their review of applicant’s information. It is also recommended that they attend at least one Committee meeting before being considered by the Mayor. 2. All applications will be submitted to the Mayor for review for appointments. The Mayor will be provided contact information for the applicant. The Mayor may contact the applicant if they have any questions for the applicant. The applicant’s name will be placed on the Council agenda for appointment or announced at a regular Council meeting. 3. All applicants for Council appointments interested in serving on a Board/Committee will need to have the recommendation or non- recommendation from the Board/Committee Chairperson upon their review of applicant’s information. It is also recommended that they attend at least one Committee meeting before being considered by the City Council. 4. All applications will be submitted to the City Council for review for City Council appointments. The City Council will be provided contact information for the applicant. Council members may contact the applicant if they have any questions for the applicant. The applicant’s name will be placed on the Council agenda for appointment. B. FACTORS FOR CONSIDERATION: 1. CURRENT MEMBERS: It is recommended that regular members who are performing satisfactorily be reappointed. In determining performance, the Mayor may contact the Chair and consider their comments in giving a recommendation when seeking appointment: a. Attendance: It is expected that the members understand the commitment required and attend meetings according to Ordinance 2007-39. b. Effort: Members who have not made an effort to become knowledgeable about their duties, or who have failed to comply with State law or City ordinances should not be considered for reappointment. p. 505 REGULAR SESSION JUNE 10, 2019 PAGE -505- MINUTE BOOK 29 c. Attitude: While differences of opinion are anticipated and encouraged, and members must be allowed full voice, members are expected to be civil, and observe recognized rules of order and procedures. Members who are quarrelsome, disruptive, use their authority inappropriately, either on the Committee, or with other Town officials should not be considered for reappointment. Members must also comply with the City Code of Ethics. C. NOTIFICATION OF ACCEPTED MEMBERS: Candidates who have been appointed should be notified by the Mayor’s office within five business days. SECTION IV: AMENDMENT PROCEDURE: This Policy may, from time to time, be amended by a majority vote of the City Council at a regularly scheduled Council meeting. Effective Date: June 10, 2019 • Motion – Authorizing the Mayor to sign agreements with Volkert, Inc. for completing the Build Grant application and to conduct a traffic study for the Inman Street Corridor Road Diet. TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: June 10, 2019 RE: Volkert Agreement(s) SUMMARY: At the last Council meeting, the City Council made a selection to negotiate with Volkert on completing the Build Grant application. City staff negotiated with Volkert and determined that the cost of the application preparation is $19,000. If we were to resubmit next year the cost for Volkert would be likely be less than the $19,000 next year. Furthermore, Volkert has discussed with TDOT and due to the nature of it being a street diet we would need to prepare a traffic study to compete for this grant. The City already knows it will need a traffic study with any changes to Inman Street. The cost for the traffic study analysis is up to $22,000. Here is the scope of work to be provided: Project Coordination: 1. Coordinate scope of work with the City of Cleveland staff, including all previous analysis, recommendations, public complaints, speed data, and available crash data. 2. Coordinate initial findings and recommendations with City: Any initial findings and/or major issues will be discussed with the City during preparation of the study. 3. Coordinate final report/recommendations with the City and TDOT: Volkert will submit the final Traffic Analysis & Road Diet Study to the City and TDOT (if necessary). Traffic & Road Diet Assessment: 1. Data collection: A site visit will be conducted and pertinent traffic data will be collected within the study area, including field measurements to verify the features of the existing roadway, pavement width, number of traffic lanes in each direction, speed limits, curband-gutter, intersection radii, bike/ped and transit access, etc. Sight distance at intersections will be analyzed. p. 506 REGULAR SESSION JUNE 10, 2019 PAGE -506- MINUTE BOOK 29 2. Traffic counts will be collected during the AM and PM peak periods on a typical weekday at the intersections listed below, as well as a 24-hour tube count along the corridor. A map of the count locations is provided as Exhibit A. • Intersection of Inman Street & Oak Street • Intersection of Inman Street & Broad Street • Intersection of Inman Street & Ocoee Street • Intersection of Inman Street & Church Street • Intersection of Inman Street & Parker Street 302 Innovation Drive, Suite 100 Franklin, Tennessee 37067 615.656.1845 www.volkert.com • Intersection of Inman Street & Wildwood Avenue • Inman Street between Oak Street & Broad Street (24-Hour Tube Count) 3. Traffic Analyses: Existing traffic volumes will be analyzed using the Highway Capacity Manual method. Levels of service will be developed. The analysis will follow the Lane Conversion Evaluation flow chart as provided in the TDOT Instructional Bulletin on Road Diet. Options for a road diet will be developed based on the results of the analyses. Recommended Traffic Calming Measures 1. Figures will be developed for the recommended road diet options and will be clearly labeled and present a visual representation of traffic volumes. The conceptual recommended measures are for illustrative purposes only. Specific roadway and construction plans will not be developed. 2. Develop recommendations: The road diet, as decided by Volkert and the City of Cleveland, will be included in the analysis and in the report. All recommended measures will include a narrative discussion with conceptual illustrations. 3. Write report: A Traffic Analysis & Road Diet Study will be developed for Inman Street that will comply with industry, City of Cleveland, and TDOT standards. Volkert understands the time sensitivity of this project. The BUILD grant application submittal date is on July 15, 2019. Volkert will work toward completion of the Traffic Analysis & Road Diet Study with this date in mind. Any work required beyond what is listed in this scope of work will be discussed with you prior to commencement and either an additional scope developed or will be billed at Volkert’s standard hourly rate. Additional work includes: Attendance at a public meeting; Additional data collection (additional count locations or times); Specific roadway/construction plans or CAD-level drawings. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: N/A RECOMMENDATION: Staff recommends approval of this item and allow the Mayor to sign these two agreements. p. 507 REGULAR SESSION JUNE 10, 2019 PAGE -507- MINUTE BOOK 29 • Reappointments – Senior Citizen Advisory Committee: District 1- Jimmy Armstrong for a 2-year term, District 2- Shirley Knight for a 2-year term, District 3- Ron Williams for a 2-year term, District 4- Jo Benjamin for a 2-year term. • Reappointment – Historical Commission: Randy Wood for an additional 4-year term to expire June 2023. • Reappointment – Historical Commission: Maryl Elliott for an additional 4-year term to expire June 2023. • Reappointment – Library Board: Carolyn Jackson for an additional 6-year term to expire June 2025. The motion to approve the consent agenda was seconded by Councilman Cassada; and upon roll call, the motion was unanimously passed. UNFINISHED BUSINESS There was no unfinished business. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Estes inquired about the timeline and project coordination for the funds from the Diabetes grant, the CDBG 5-year plan, the Lyndhurst grant and if the projects will be in- house or bid out? How is this going to work by putting all the money together. Mr. Fivas stated the latest thought is the Diabetes money, which is $150,000 for three consecutive years, has some strict timelines, so we have to make sure property acquisitions are good. In total we have approximately $300,000, including CDBG money, annually to spend on those projects, which can be bid. We are evaluating sidewalks along Chippewa where we have sufficient right-of-way and could hire our third-party contractor to do the work and some can be done in-house. Councilman Estes stated it will be piece-milled. Mr. Fivas stated yes, we could do some heavy work in-house and we need to begin work by September to get the money spent throughout the year. Councilman Estes thanked Mr. Fivas for looking for a way to get the neighborhood to Blythe. Also, the hotspots on the Police monthly reports, it appears the neighborhoods are settling down. He appreciates it. Councilman Cassada inquired as to when the bids will be awarded for the Candies Lane construction project. Mr. Jobe stated the report will be on the June 24 agenda. The completion date is estimated for November 22. Councilman Cassada asked for a plan of action on traffic during the construction. Mr. Fivas stated the contractor who is awarded the bid will have to work with traffic and once we know who it is, we will work with them on a plan. Councilman Cassada stated the 8,000 cars daily and the neighborhoods have to be kept safe. As he mentioned before, the option to take the four-way stop down on Villa Drive could help move traffic through there. He is concerned about the traffic flow. Mr. Fivas stated regardless of timing anytime you block a major road there are going to be substantial concerns. We will look and do some analysis to see what we can do to lessen the impact to the neighborhoods. Councilman Cassada asked that the public be kept inform when the project will start, so they are no surprised on the first morning. He continued and asked about neighborhood speeds, the consistency and signage. Several neighborhoods have different speeds and if it could be streamlined for all neighborhoods. Mr. Fivas stated the city-wide speed limit is 30 mph, unless posted otherwise. Councilman Cassada asked about reducing the speeds in neighborhoods, like his is 20 mph, and making them consistent throughout. Mr. Fivas stated they can look into it for a consensus opinion. Most people are going to drive what they feel is safe and that’s not always the speed limit. Councilman Cassada he is just looking for public safety in the neighborhoods. Councilman May asked if the Army Corps will meet with the Council to review the flood study. Mr. Jobe stated he is still waiting on a response concerning a meeting. Councilman May stated he keeps hearing rumors that we may do away with some buildings in the floodway and possibly build some retention ponds. It would be nice to know a plan. Mr. Jobe stated there are two projects being designed now and a stream modification. When we inquire, their response is they are working through their process. Mr. Fivas stated staff will reach out to see what their plan is for Cleveland. Councilman May continued that he was resigning from the Planning p. 508 REGULAR SESSION JUNE 10, 2019 PAGE -508- MINUTE BOOK 29 Commission and just realized he would be unable to serve on the Shade Tree Board, as he was the Planning Commission representative. Someone else will have to be appointed. Councilman Webb recognized Mike Griffin, the new President and CEO of the Chamber of Commerce. He thanked him for his willingness to serve. He then thanked Codes Enforcement and anyone else involved in the work on Jones Drive. He thanked Tommy Myers for starting the process correcting the erosion problem at Robinhood Drive and Westside Drive. Lastly, Councilman Webb thanked Representative Mark Hall and Senator Mike Bell for helping with the private act Charter amendment concerning voting and property rights. Vice Mayor Johnson reported high grass at the corner of Villa and Hwy 60, which blocks visibility. Mr. Fivas said we will take care of it. Councilman McKenzie stated the two lots in front of the new Candy’s Creek Elementary school are approximately $600,000, of the $12-15 million we gave them was that not enough remaining to purchase them. Mr. Fivas replied we will need additional information and to have discussion with the School Board and bring options back. Councilman McKenzie stated we already owned one of these and swapped it out. Mr. Fivas stated correct, there is a long history and we can bring back options for the Council to consider. Mayor Brooks recognized Mike Griffin and his new venture leading the Chamber of Commerce and looked forward to the partnership. Mayor Brooks then introduced intern Levi Whitman, who recently graduated from McCallie School. He will be shadowing several people before he begins Cleveland State in the fall with their Agriculture Program. His family owns the buffalo farm here in Cleveland. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: RESOLUTION NO. 2019-60 WHEREAS, the City has received the attached contract amendment number 4 from the Tennessee Department of Transportation (hereafter “TDOT”) for the project described below; and Project description: Sidewalk Improvement/New Construction on SR-311,from Treasury Dr to 20th St SE; 9th St, Chippewah Ave SE to SR-74; Chippewah Ave SE, 12th St SE to 9th St. PIN # 120322 Federal Project #: /NA State Project #: 06LPLM-S3-049 Contract #: 140160 WHEREAS, the City Council desires to enter into the attached contract amendment number 4 with TDOT and to further authorize the Mayor to execute the attached contract 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 contract amendment number four with TDOT for the project described herein, and it further authorizes the Mayor to execute the same on behalf of the City of Cleveland. [on file in the City Clerk’s Office.] This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 509 REGULAR SESSION JUNE 10, 2019 PAGE -509- MINUTE BOOK 29 Councilman Hughes moved that Resolution No: 2019-60 be accepted as presented. The motion was seconded by Councilman McKenzie; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-25 – Rezoning .41 acres, more or less, located 600 25th St NW (Tax Map 41M Group B Parcel 004.01) from R2 Low Density Single and Multi-Family Zoning District to PI Professional Institutional Zoning District (Planning Commission: Denied 9-0). Zoning Ordinance No. 2019-25 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R2 Single and Multi- family Zoning Residential Zoning District to PI Professional Zoning District Approximately .41 acres, more or less, located at 600 25th St NW as shown on the attached map. For reference, same property is being shown on Tax Map 41M Group B Parcel 4.01 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 Exhibit Councilman May moved that Zoning Ordinance No: 2019-25 be sent back to the Planning Commission for further review. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 510 REGULAR SESSION JUNE 10, 2019 PAGE -510- MINUTE BOOK 29 The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-26 – Rezoning 5.5 acres, more or less, located on Norman Chapel and Adkisson Dr NW (Tax Map 41D Group G Parcels 014.00, 015.00, 016.00, and 017.00) from R2 Low Density Single and Multi-Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved; 9-0) (p. 156-158). Zoning Ordinance No. 2019-26 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R2 Low Density Single and Multi-family Residential Zoning District to PI Professional Institutional Zoning District. Approximately 5.5 acres, more or less, located on Norman Chapel Rd and Adkisson Dr NW as shown on the attached map. For reference, same property is being shown on Tax Map 41D Group G Parcels 14.00, 15.00, 16.00 & 17.00 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 Exhibit Councilman Webb moved that Zoning Ordinance No: 2019-26 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 511 REGULAR SESSION JUNE 10, 2019 PAGE -511- MINUTE BOOK 29 The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-27 – Rezoning 4.5 acres, more or less, located Georgetown Road between Kimberly Drive NW and Weston Hills Drive NW (Tax Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01.) from R3 High Density Single and Multi-Family Residential Zoning District to PI Professional Institutional Zoning District (Planning Commission: Approved 9-0) (p. 159-161). Zoning Ordinance No. 2019-27 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R3 High Density Residential Zoning District to PI Professional Institutional Zoning District. Approximately 4.5 acres, more or less, located on Georgetown Rd NW as shown on the attached map. For reference, same property is being shown on Tax Map 33K Group A Parcel 001.01, Tax Map 33N Group E Parcel 002.00, Tax Map 33N Group E Parcel 003.00; Tax Map 33N Group E Parcel 004.00; Tax Map 33N Group E Parcel 005.00; and Tax map 33N Group E Parcel 005.01 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 Exhibit Councilman May moved that Zoning Ordinance No: 2019-27 be voted for passage on first reading. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. p. 512 REGULAR SESSION JUNE 10, 2019 PAGE -512- MINUTE BOOK 29 The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-29 – Rezoning 1.01 acres, more or less, located on Westside Dr and Douglas Circle NW (Tax Map 49B Group A Parcel 017.03) from R1 Single Family Zoning District to R3 High Density Single and Multi-Family Residential Zoning District (Planning Commission: Approved 9-0). Zoning Ordinance No. 2019-29 BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, re-zoned from R1 Single Zoning Residential Zoning District to R3 Multi-family Zoning Residential District Approximately 1.00 acres, more or less, located on Westside Dr NW and Douglas Circle NW as shown on the attached map. For reference, same property is being shown on Tax Map 49B Group A Parcel 17.03 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 Exhibit Councilman Hughes moved that Zoning Ordinance No: 2019-29 be voted for passage on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-55 – Adopting a Plan of Service for the annexation of 1.33 acres, more or less, located at 2764 South Lee Highway (Planning Commission: Approved 9-0). p. 513 REGULAR SESSION JUNE 10, 2019 PAGE -513- MINUTE BOOK 29 RESOLUTION NO: 2019-55 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 2764 SOUTH LEE HWY FOX PROPERTY ANNEXATION WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory 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 June 10, 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 northwesternmost line of US Highways 11 and 64, also known as South Lee Highway, said point of beginning being the northeastern corner of the lands of Henry; and run thence with the northeastern most line of the lands of Henry, North 66 degrees 45 minutes West, 300.0 feet to a corner; thence North 42 degrees 46 minutes East, 200.0 feet to a corner; thence South 66 degrees 45 minutes East, 300.0 feet to an iron pin set in the Northwesternmost line of US Highways 11 and 64; run thence with said line of said highways, South 42 degrees 46 minutes West, 200.0 feet to the northeasternmost corner of the lands of Henry, the place of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 514 REGULAR SESSION JUNE 10, 2019 PAGE -514- MINUTE BOOK 29 2764 SOUTH LEE HWY FOX PROPERTY ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 1.33 acres located at 2764 South Lee Highway 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. This property currently has one single family home and there are no immediate plans to alter the site. The property is described as Tax Map 56 Parcel 79.13. 2764 South Lee Highway p. 515 REGULAR SESSION JUNE 10, 2019 PAGE -515- MINUTE BOOK 29 Legal Description Beginning at the northwesternmost line of US Highways 11 and 64, also known as South Lee Highway, said point of beginning being the northeastern corner of the lands of Henry; and run thence with the northeastern most line of the lands of Henry, North 66 degrees 45 minutes West, 300.0 feet to a corner; thence North 42 degrees 46 minutes East, 200.0 feet to a corner; thence South 66 degrees 45 minutes East, 300.0 feet to an iron pin set in the Northwesternmost line of US Highways 11 and 64; run thence with said line of said highways, South 42 degrees 46 minutes West, 200.0 feet to the northeasternmost corner of the lands of Henry, the place 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 minimal cost expected from this annexation. 2. ire Protection The Cleveland Fire Department could provide service to the proposed annexation. It could be serviced immediately by Cleveland Fire Department Station 1 with no associated increase in cost to the department. This parcel will fall into CFD Station 6’s response area when that station is opened in October 2018. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel. B. Sanitary Sewer--- Sanitary sewer facilities will be available upon completion of the 2010 Annexation Sewer Extensions project which is scheduled to be completed by June 2019. C. Fire Hydrants--- Fire protection is available to this parcel 4. Electric Service This property is presently in Cleveland Utilities’ service area and no special expenditures will be required to provide electric service. 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 p. 516 REGULAR SESSION JUNE 10, 2019 PAGE -516- MINUTE BOOK 29 be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools The proposed annexation would have minimal impact on the school system. 7. Planning and Zoning A. The planning and zoning jurisdiction of the City will extend to the annexation areas upon the effective date of annexations and all municipal planning activities will encompass the needs of the annexed areas. B. This property is currently zoned FAR Forestry/Agricultural/Residential in the unincorporated County. It is recommended that this property be incorporated into the R1 Single Family Residential Zoning District as its post-annexation zoning. p. 517 REGULAR SESSION JUNE 10, 2019 PAGE -517- MINUTE BOOK 29 C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 9. Voting Rights and City Elections A. If an eligible voter’s permanent place of residence is located in an annexed area, that voter is automatically eligible to vote in City elections. B. If an eligible voter is in the category of a property rights voter then that voter must register at the Election Commission Office prior to voting in a City election. C. This annexation will add approximately 3 residents to the 1st City Council District as it is currently used. Revenue The current property assessment for this property is $159,100. This would result in a total assessed value is $39,776. The property tax generated from this area in its current condition would be about $819.39 a year. The area is currently has one single family residential unit. The current state shared appropriation is $115.75 per resident which would result in approximately $347.25 a year. The monthly stormwater fee associated with this property would be $4.88 per month or $58.56 annually. The approximate revenue generated because of this annexation at the time of annexation would be about $1,225.20. Councilman Webb moved that Resolution No: 2019-55 be approved as presented. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. p. 518 REGULAR SESSION JUNE 10, 2019 PAGE -518- MINUTE BOOK 29 The following Resolution was then presented in full: • Resolution No: 2019-56 – Annexing 1.33 acres, more or less, located at 2764 South Lee Highway (Planning Commission: Approved 9-0). RESOLUTION NO: 2019-56 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 2764 SOUTH LEE HWY FOX PROPERTY ANNEXATION WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory within its urban growth boundaries; and WHEREAS, the owners of all property within the territory proposed for annexation have given their written consent by notarized petition so that a referendum is not required; and WHEREAS, this Resolution was also published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland; and WHEREAS, a Plan of Services for the area proposed for annexation is attached as Exhibit A hereto, which Plan of Services addresses the same services and timing of services as required in Tennessee Code Annotated § 6-51-102; and WHEREAS, the proposed annexation and Plan of Services were submitted to the Cleveland Municipal Planning Commission for study, and it has recommended the same; and WHEREAS, notice of the time and purpose of a public hearing on the proposed annexation and the Plan of Services was published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing; and WHEREAS, a public hearing on the proposed annexation and Plan of Services was held by the governing body on June 10, 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 northwesternmost line of US Highways 11 and 64, also known as South Lee Highway, said point of beginning being the northeastern corner of the lands of Henry; and run thence with the northeastern most line of the lands of Henry, North 66 degrees 45 minutes West, 300.0 feet to a corner; thence North 42 degrees 46 minutes East, 200.0 feet to a corner; thence South 66 degrees 45 minutes East, 300.0 feet to an iron pin set in the Northwesternmost line of US Highways 11 and 64; run thence with said line of said highways, South 42 degrees 46 minutes West, 200.0 feet to the northeasternmost corner of the lands of Henry, the place 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. p. 519 REGULAR SESSION JUNE 10, 2019 PAGE -519- MINUTE BOOK 29 C. That the City Clerk’s office will cause a copy of this Resolution to be forwarded to the Mayor of Bradley County including the Plan of Services. D. That a copy of this Resolution shall be sent to the Tennessee Comptroller of the Treasury and the Bradley County Assessor of Property. E. That a copy of this Resolution, as well as the portion of the Plan of Services related to emergency services and a detailed map of the annexed area, shall be sent to any affected emergency communication district. WHEREUPON, the Mayor affixed a signature and date thereto and directed that the same be recorded. EFFECTIVE DATE: Be it further resolved that this Resolution shall only become effective at the time of the final passage of the ordinance zoning the aforementioned property within the City of Cleveland. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Hughes moved that Resolution No: 2019-56 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-30 - Zoning 1.33 acres, more or less, located at 2764 South Lee Highway from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 9-0). ZONING ORDINANCE NO: 2019-30 AN ORDINANCE TO ZONE THE “2764 SOUTH LEE HWY FOX PROPERTY ANNEXATION” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE WHEREAS, a public hearing before this body was held on the 10th day of June 2019 a notice thereof published in the Cleveland Daily Banner on May 26, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-54; and, WHEREAS, this property was annexed by Resolution No: 2019-55; 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 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. p. 520 REGULAR SESSION JUNE 10, 2019 PAGE -520- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning at the northwesternmost line of US Highways 11 and 64, also known as South Lee Highway, said point of beginning being the northeastern corner of the lands of Henry; and run thence with the northeastern most line of the lands of Henry, North 66 degrees 45 minutes West, 300.0 feet to a corner; thence North 42 degrees 46 minutes East, 200.0 feet to a corner; thence South 66 degrees 45 minutes East, 300.0 feet to an iron pin set in the Northwesternmost line of US Highways 11 and 64; run thence with said line of said highways, South 42 degrees 46 minutes West, 200.0 feet to the northeasternmost corner of the lands of Henry, the place of beginning. Councilman May moved that Zoning Ordinance No: 2019-30 be approved on first reading. The motion was seconded by Councilman Webb; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-57 – Authorizing the Mayor to sign an Interlocal Agreement with Bradley County in connection with the annexation of a parcel of property owned by Tony and Karen Fox, located at 2764 South Lee Highway. RESOLUTION NO: 2019-57 WHEREAS, City representatives have been in discussion with Bradley County representatives concerning the attached Interlocal agreement between the City and the County in connection with the annexation of a parcel of property owned by Tony and Karen Fox which parcel is located at 2764 South Lee Highway, and which is generally described as Tax Map 056 Parcel 079.03 ; and WHEREAS, the Bradley County Commission approved of this Interlocal agreement at its voting meeting on April 15, 2019; and WHEREAS, the City Council desires to approve of this Interlocal Agreement with Bradley County; and WHEREAS, the City Council further desires to authorize the Mayor to execute the Interlocal agreement with Bradley County on behalf of the City of Cleveland. p. 521 REGULAR SESSION JUNE 10, 2019 PAGE -521- MINUTE BOOK 29 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 Interlocal Agreement between the City of Cleveland and Bradley County. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Interlocal agreement on behalf of the City. This 10th day of June, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Cassada moved that Resolution No: 2019-57 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2019-31 – Amending Title 8, Chapter 2, Section 8-209(1) to increase the number of Class 2 Beer Permits from 14 to 16. ORDINANCE NO: 2019-31 WHEREAS, under Section 8-209(1) of the Cleveland Municipal Code, Class 2 beer permits for on premises consumption are currently limited to fourteen (14) permits; and WHEREAS, the City Council desires to amend Section 8-209 (1) of the Cleveland Municipal Code to increase the number of Class 2 beer permits from fourteen (14) to sixteen (16). NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 8, Chapter 2, Section 8-209(1) of the Cleveland Municipal Code is amended by deleting 8-209 (1) in its entirety and replacing it with the following language: 8-209 Beer permits shall be restrictive. (1) All beer permits shall be restrictive as the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing and manufacturing. Beer permits for retail sale of beer may be further restricted by the beer board so as to authorize sales only for off premises consumption. Beer permits for Class 2 on-premises consumption shall be limited to sixteen (16) permits. As Class 2 permits are revoked or expire, the limit on the number of Class 2 permits may fall below sixteen (16). If the number of Class 2 permits falls below sixteen (16), applications shall then be accepted for new Class 2 permits. Any new applications for Class 2 permits shall be processed in the order by which the permit applications are received by the City of Cleveland. Unless a new Class 2 permit is issued to a purchaser of a business holding an existing Class 2 beer permit under the provisions of Section 8-209(2), a new Class 2 permit may not be issued by the City of Cleveland so long as the total number of Class 2 permits is sixteen (16). It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by their permit. It shall likewise be unlawful for a beer permit holder to fail to comply with any and all express restrictions or conditions which may be written into a permit by the beer board. Section 2: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it. p. 522 REGULAR SESSION JUNE 10, 2019 PAGE -522- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman May moved that Ordinance No: 2019-31 be approved on first reading. The motion was seconded by Councilman Webb. Upon roll call, Councilmen May, Webb, Estes, Cassada, Hughes and Vice Mayor Johnson voted aye. Councilman McKenzie voted no. Approved 6-1. The following Ordinance was then presented in full: • Ordinance No: 2019-32 – Amending Title 2, Chapter 8, Section 2-802 pertaining to the Chairman of the Senior Citizen Advisory Committee. ORDINANCE NO: 2019-32 AN ORDINANCE TO AMEND TITLE 2 CHAPTER 8, SECTION 2-802, OF THE CLEVELAND MUNICIPAL CODE RELATIVE TO THE SENIOR CITIZEN ADVISORY COMMITTEE WHEREAS, the City Council desires to amend Title 2 of the Cleveland Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, IN REGULAR SESSION ASSEMBLED, THAT: SECTION 1: Section 2-802 of the Cleveland Municipal Code is herby amended to read as follows: 2-802. Membership. The Senior Citizen Advisory Committee shall consist of seven members who at least 62 years of age. Each member must be a resident of the City of Cleveland at the time of their appointment. The Mayor or designee will serve as the Chairman of the seven-member committee. The City Manager shall appoint a staff member to be a liaison and a secretary/clerk for the Committee. The committee will be composed of one resident from each of the five City Council districts, and two additional residents of the City who shall serve at large. The members of the Senior Citizen Advisory Committee shall serve without compensation. Each council member shall select one member to serve on the committee. SECTION 2. 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 Councilman Hughes moved that Ordinance No: 2019-32 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. p. 523 REGULAR SESSION JUNE 10, 2019 PAGE -523- MINUTE BOOK 29 • Bid Report – Norman Chapel Road. Councilman Cassada moved to accept the bid report for Norman Chapel Road project. The motion was seconded by Councilman May; and upon roll call, unanimously passed. Councilman May asked about the completion date. Mr. Fivas replied he doesn’t believe there is a completion date at this time but will discuss with the contractor. They may be ready to begin work right away. Councilman Cassada moved to appoint Councilman Estes to the Planning Commission as the Council Representative. The motion was seconded Councilman Webb. Upon roll call, Councilmen Cassada, Webb, May, Hughes, McKenzie and Vice Mayor Johnson voted aye. Councilman Estes passed on the motion. Approved 6-0-1. There being no future business the meeting was adjourned at 4:03 p.m. _________________________________ ______________________________ Mayor City Clerk