Cleveland City Council

City Council 190 Church St., NE Cleveland, TN 37312 Work Session www .clevelandtn.gov Agenda Monday,August26,2019 1:00 PM Municipal Building 1. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS 2. UPDATES FROM THE CITY MANAGER a. Transportation & Quality of Life Project Update b. Downtown Redevelopment Update c. Candies Lane Project d. BCBS Grant 3. REVIEW OF 3:00 AGENDA - CITY MANAGER 4. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilman McKenzie C. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 5. ANNOUNCEMENTS 6. ADJOURNMENT  City Council 190 Church St., NE Cleveland, TN 37312 Regular Session www.clevelandtn.gov Agenda Monday,August26,2019 3:00 PM Municipal Building ORDER OF BUSINESS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE AND INVOCATION 4. WAIVE READING OF MINUTES a. Regular Session - August 12, 2019 (p. 1) 5. SPECIAL PRESENTATIONS AND PUBLIC COMMENTS a. Presentation of the FY2019 GFOA Distinguished Budget Award (21 st consecutive year) b. Presentation of the FY2018 GFOA CAFR Award (31 st consecutive year) c. Recognizing Outgoing Flag Sentry Civil Air Patrol Cadet Second Lt. Trent Jones and Incoming Flag Sentry Civil Air Patrol Cadet Chief Master Sgt. Ella Kidd. 6. HEARING PETITIONS AND COMMUNICATIONS 7. CONSENT AGENDA a. Final Passage - Zoning Ordinance No: 2019-37 - Rezoning .41 acres, more or less, located at 600 25th Street NW (Tax map 41 M Group B Parcel 004.01) from R2 Low Density Single and Multi-Family Zoning District to Pl Professional Institutional Zoning District (Planning Commission: Approved subject to staff comments; 5:2; 2 members were absent) (p. 2-5). b. Final Passage - Zoning Ordinance No: 2019-38 - Rezoning .71 acres, more or less, located at 2503 & 2505 Harris Circle NW (Tax Map 041 M Group B Parcel 004.02 & 4.03) from R2 Low Density Single and Multi-Family Zoning District to Pl Professional Institutional Zoning District (Planning Commission: Denied 5:2; 2 members absent) (p. 6-9). c. Resolution No: 2019-79-Authorizing the City of Cleveland to participate in the Public Entity Partners Safety Partners Matching Grant Program (p. 10-11). d. Resolution No: 2019-80 - Accepting the donation of property from David Carroll located off Candies Lane (p. 12-15). e. Resolution No: 2019-81 - Accepting the donation of property from Brent Winters located off Neely Circle (p. 16-20). 8. UNFINISHED BUSINESS 9. REPORTS OF COUNCIL MEMBERS a. Vice Mayor Johnson b. Councilman McKenzie c. Councilman Estes d. Councilman Cassada e. Councilman May f. Councilman Hughes g. Councilman Webb 10. NEW BUSINESS AND ORDINANCES a. Approval of BlueCross BlueShield Grant (p. 21 ). b. Bid Report - Tinsley Pickleball Court (p. 22-23) 11. ANNOUNCEMENTS a. City Offices will be closed on Monday, September 2 due to the Labor Day Holiday. b. City Offices will be closed on Monday, October 14 due to the Columbus Day Holiday. The October 14 City Council meeting will be cancelled. The next City Council meeting will be held on October 28. 12. ADJOURNMENT . -1- -A- I MOVE THAT THE CITY COUNCIL OF THE CITY OF CLEVELAND WAIVE THE READING OF THE MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL HELD ON AUGUST 12, 2019 AND APPROVE THEM AS WRITTEN. -2- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: August 26, 2019 RE: Final Passage Zoning Ordinance 2019-37- Rezoning .41 acres, more or less located at 600 25 th Street SUMMARY: Zoning Ordinance - Rezoning .41 acres, more or less, located at 600 25th Street from R2 Low Density Single and Multi-Family Zoning District to Pl Professional Institutional Zoning District. COMMITTEE FINDINGS: Maryl Elliott made a motion to deny the request to rezone and Alma Dotson seconded the motion. The motion to deny the rezoning failed. Yes-3 No-4 Absent-2 Ben Berry made a motion to approve the rezoning request subject to staff comments. Larry Presswood seconded the motion. Voting to approve Item b. request per staff comments were Ben Berry, Larry Presswood, Alma Dotson, Tricia Pennington and Clarke Taylor. Voting no to approve Item b. were Maryl Elliott and Bill Estes. Bill Estes asked Jonathan Jobe and Corey Divel if there was a deed restriction highlighted in the packet on this property. Jonathan Jobe answered yes. Tricia Pennington stated it would be on the owner to prove the deed restriction was no longer valid or to get signatures to change the deed restriction on the property. FISCAL ANALYSIS: No impact RECOMMENDATION: The motion to approve the rezoning passed. Approve-5 No-2 Absent-2 On August 12 the City Council unanimously voted to approve the rezoning.  -3- I MOVE THAT ZONING ORDINANCE NO: 2019-37 - REZONING .41 ACRES, MORE OR LESS, LOCATED AT 600 25TH STREET 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: HERETOFORE APPROVED ON FIRST READING AUGUST 12, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 605 BE VOTED FOR PASSAGE ON FINAL READING. -4- Zoning Ordinance No: 2019-37 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 Pl 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: Kevin Brooks, Mayor Shawn McKay, City Clerk  -5- Exhibit -6- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: August 26, 2019 RE: Final Passage Zoning Ordinance 2019-38 - Rezoning of .71 acres located at 2503 & 2505 Harris Circle NW SUMMARY: Zoning Ordinance No: Rezoning of about .71 acres located at 2503 & 2505 Harris Circle NW from R2 Low Density Single and Multi-Family Zoning District to Pl Professional Institutional Zoning District. COMMITTEE FINDINGS: Ben Berry made a motion to deny the rezoning request due to the homes being internal to the subdivision. Maryl Elliott seconded the motion. Voting to deny the motion were Ben Berry, Maryl Elliott, Tricia Pennington, Alma Dotson and Larry Presswood. FISCAL ANALYSIS: No impact RECOMMENDATION: Voting to deny were Bill Estes and Clarke Taylor. Approve-5 No-2 Absent-2 On August 12 the City Council unanimously voted to approve the rezoning.  -7- I MOVE THAT ZONING ORDINANCE NO: 2019-38 - REZONING .71 ACRES, MORE OR LESS, LOCATED AT 2503 & 2505 HARRIS CIRCLE NW (TAX MAP 041M GROUP B PARCEL 004.02 & 4.03) FROM R2 LOW DENSITY SINGLE AND MULTI-FAMILY ZONING DISTRICT TO PI PROFESSIONAL INSTITUTIONAL ZONING DISTRICT: HERETOFORE APPROVED ON FIRST READING AUGUST 12, 2019 AND FOUND IN MINUTE BOOK 29, PAGE 606 BE VOTED FOR PASSAGE ON FINAL READING. -8- Zoning Ordinance No: 2019-38 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 Pl Professional Zoning District Approximately .71 acres, more or less, located at 2503 & 2505 Harris Circle NW as shown on the attached map. For reference, same property is being shown on Tax Map 41M Group B Parcel 4.02 & 4.03 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: Kevin Brooks, Mayor Shawn McKay, City Clerk  -9- Exhibit -10- City Council 190 Church St., NE Cleveland, TN 37312 www .clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: August 26, 2019 RE: Public Entity Partners Safety Grant SUMMARY: The City has the opportunity to apply for funding again this year for the Public Entity Partners Safety Partners Matching Grant to provide a safe and hazard- free workplace for City employees. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: The allocation is $2,000 with matching funds from the City, which is included in the FY2020 Budget. RECOMMENDATION: Staff recommends approval of this item.  -11- RESOLUTION NO: 2019-79 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS "SAFETY PARTNERS" MATCHING GRANT PROGRAM. ************************************************************************ WHEREAS, the safety and well being of the employees of the City of Cleveland is of the greatest importance; and WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Cleveland employees; and WHEREAS, Public Entity Partners seeks to encourage the establishment of a safe workplace by offering a "Safety Partners" Matching Grant program; and WHEREAS, the City of Cleveland seeks to participate in this important program; BE IT THEREFORE RESOLVED by the City Council that the Mayor is hereby authorized to submit an application for a "Safety Partners" Matching Grant program through the Public Entity Partners; BE IT FURTHER RESOLVED that the City of Cleveland agrees to provide a matching sum to serve as a match for any monies provided by this grant. Adopted this 26 th day of August, 2019. Kevin Brooks, Mayor Shawn McKay, City Clerk -12- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: August 26, 2019 RE: Carroll Property Donation SUMMARY: The City has been offered property off Candies Lane from David Carroll. The property could be used for additional greenspace. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: NIA RECOMMENDATION : Staff's recommendation is to approve this item.  -13- RESOLUTION NO: 2019-80 A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM DAVID CARROLL WHEREAS, David Carroll is the owner of a parcel of land located off Candies Lane which is more specifically identified as Tax Map 041 005.06, and WHEREAS, David Carroll has 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 David Carroll is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland appreciates the donor's 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 David Carroll for this donation to the City. Kevin Brooks, Mayor Shawn McKay, City Clerk -14- This instrument prepared by John F. Kimball, Attorney P. 0. Box 1169, Cleveland, Tennessee 37364-1169 THIS DEED IS NOT SUBJECT TO THE PRIVILEGE TAX ON TRANSFER OF REALTY PURSUANT TO T.C.A. 67- 4-409(a)(4) Tax Map No. 041 005.06 NOTICE: All parties to this Instrument are hereby advised that this instrument should be recorded as soon as possible In the Register's Office for the county or counties in which the property is located. NOTICE: This deed is prepared from a legal description contained within a prior deed, and the preparer makes no representation hereby as to the accuracy of the description provided, the location of the property and/or the status of the title to said property. FOR AND IN CONSIDERATION of the sum of Five Dollars ($5.00) cash in hand and other good and valuable consideration, the receipt of which is hereby acknowledged, DAVID R. CARROLL (GRANTOR) has this day bargained and sold and by these presents do hereby sell, transfer and convey unto CITY OF CLEVELAND, TENNESSEE, its successors and assigns, the following described real estate situated in the Second Civil District of Bradley County, and in the First Ward of the City of Cleveland, Tennessee, to-wit: BEGINNING on an iron pin set in the Northeastemmost line of Candy's Lane, at the Southeastemmost comer of Lot 17, North Rolling Hills Subdivision; and run thence with the Southeastemmost line of Lot 17, North 24 degrees 22 minutes East, 140.0 feet, to an iron pin set in the Southwestemmost line of land of Mullinax; and run thence with said line of Mullinax, South 65 degrees 38 minutes East, 439.3 Feet, through an iron pin set on the top of the Western Bank of Candy's Creek, to the center of said Creek; and run thence with and along the center line of the Creek and along a chord, South 45 degrees 54 minutes West, 150.5 feet, more or less, to the Northeastemmost line of Candy's Lane; and run thence with the Northeastemmost line of Candy's Lane and through an iron pin set on the Westernmost bank of Candy's Creek, North 65 degrees 38 minutes West, 384.0 feet, to an iron pin, being the place of BEGINNING, and CONTAINING 1.3 acres, more or less, all as shown by survey of Cleveland Surveying Company dated November 28, 1989. LESS AND EXCEPT the property conveyed to Max Kenneth Moffett and wife, Linda S. Moffett by Deed dated December 7, 1992 and recorded in Deed Book 347, Page 24. LESS AND EXCEPT the property conveyed to Mullinax Properties, Inc. by quitclaim deed dated December 29, 1992 and recorded in Deed Book 347, Page 648. PRIOR TITLE SOURCE: Being part of the real property conveyed to David R. Carroll, by Personal Representative's Deed dated August 1, 2013 and recorded on October 30, 2013 in Book 2207 Page 786 in the Register of Deeds office of Bradley County. See also Deed Book 325, Page 979 in the Register Deeds of Bradley County. Subject to any and all governmental zoning and/or subdivision ordinances and regulations in effect thereon. Subject to the 100-year flood elevation. Subject to a sanitary sewer line across the Southeastern portion of said tract. Subject to any drainage, utility and /or right of way easements on, over, under, across or through the property. Subject to Bradley County Health Department regulations and requirements. TO HAVE AND TO HOLD the above described real estate unto CITY OF CLEVELAND, TENNESSEE, its successors and assigns, forever in fee simple. GRANTOR COVENANTS that he is lawfully seized and possessed of said real estate; that he has a good and lawful right thus to sell and convey the same; that the title thereto is clear, free and unencumbered; and he will forever warrant and defend the same against the lawful claims of all persons whomsoever. The name and address of the person or entity responsible for the payment of the real property taxes is: City of Cleveland, P.O. Box 1519, Cleveland, TN 37364-1519 - exempt.  -15- IN WITNESS WHEREOF, the Grantor has caused his name to be affixed this __ day of - - - - - - - - - - ~ 2019. DAVID R. CARROLL STATE OF TENNESSEE COUNTY OF BRADLEY Before me, - - - - - - - - - ~ a Notary Public in and for the State and County aforesaid, personally appeared DAVID R. CARROLL, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged that he executed the foregoing instrument as his free act and deed and for the purposes contained herein. WITNESS my hand and seal at office this the _ _ _ day of _ _ _ _ _ _ _ _~ 2019. Notary Public My Commission expires: _ _ _ _ _ __ -16- City Council 190 Church St., NE Cleveland, TN 37312 www.clevelandtn.gov AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: August 26, 2019 RE: Winters Property Donation SUMMARY: The City has been offered property off Neely Circle from Brent Winters. This area could be used for additional greenspace. COMMITTEE FINDINGS: No Board or Committee action. FISCAL ANALYSIS: NIA RECOMMENDATION: Staff's recommendation is to approve this item.  - 17 - RESOLUTION NO: 2019-81 A RESOLUTION ACCEPTING A DONATION OF PROPERTY FROM BRENT L. WINTERS WHEREAS, Brent L. Winters is the owner of a parcel of land located off Neely Circle which is more specifically identified as Tax Map 0501-F-004.26, and WHEREAS, Brent L. Winters has 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 Brent L. Winters is attached hereto and incorporated herein by reference; and WHEREAS, the City of Cleveland appreciates the donor' s 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 Brent L. Winters for this donation to the City. APPROVED AS TO FORM: Jo Kevin Brooks, Mayor Shawn McKay, City Clerk -18- This instrument prepared by John F. Kimball, Attorney P. 0. Box 1169, Cleveland, Tennessee 37364-1169 THIS DEED IS NOT SUBJECT TO THE PRIVILEGE TAX ON TRANSFER OF REALTY PURSUANT TO T.C.A. 67- 4-409(a)(4) Tax Map No. 050I-F-004.26 NOTICE: All parties to this instrument are hereby advised that this instrument should be recorded as soon as possible in the Register's Office for the county or counties in which the property is located. NOTICE: This deed is prepared from a legal description prepared by the City of Cleveland's Department of Development and Engineering, and the preparer makes no representation hereby as to the accuracy of the description provided, the location of the property and/or the status of the title to said property. FOR AND IN CONSIDERATION of the sum of Five Dollars ($5.00) cash in hand and other good and valuable consideration, the receipt of which is hereby acknowledged, BRENT L. WINTERS (GRANTOR} has this day bargained and sold and by these presents does hereby sell, transfer and convey unto CITY OF CLEVELAND, TENNESSEE, its successors and assigns, the following described real estate situated in the Fourth Civil District of Bradley County, and in City of Cleveland, Tennessee, to-wit: Beginning at the southeast corner of the lands of Kevin & Carly Ung, as recorded in SCROD deed book 2514 page 570; thence along a left handed curve L=39.27' R=25.00' to an iron pin; thence north 19 degrees 36 minutes 38 seconds east, 24.39 feet to an iron pin; thence along a left handed curve L=30.23' R=25.00' to an iron pin; thence south 49 degrees 40 minutes 51 seconds east, 237.57 feet to an iron pin; thence north 70 degrees 23 minutes 22 seconds west, 201.34 feet to the point of beginning. The property is depicted on the Plat of The Enclave, a Cluster Home Development, recorded on July 27,2012 at Plat Book 29, Page 4 as the area listed as "Land to be donated to the City." The property described herein is being donated to the City of Cleveland for right of way and is being donated by the Grantor to the City of Cleveland for less than its fair market value. The City of Cleveland will be responsible for any unpaid City and County taxes on the property conveyed herein which is currently assessed under tax identification number 050I-F-004.26. PRIOR TITLE SOURCE: Being part of the real property conveyed to Brent L. Winters, by Deed dated October 2, 2008 and recorded on October 31, 2008 in Book 1869 Page 702 in the Register of Deeds office of Bradley County. TO HAVE AND TO HOLD the above described real estate unto CITY OF CLEVELAND, TENNESSEE, its successors and assigns, forever in fee simple. GRANTOR COVENANTS that he is lawfully seized and possessed of said real estate; that he has a good and lawful right thus to sell and convey the same; that the title thereto is clear, free and unencumbered; and he will forever warrant and defend the same against the lawful claims of all persons whomsoever. The name and address of the person or entity responsible for the payment of the real property taxes is: City of Cleveland, P.O. Box 1519, Cleveland, TN 37364-1519- exempt. IN WITNESS WHEREOF, the Granter has caused his name to be affixed this __ day of - - - - - - - - - - - - ' 2019. BRENT L. WINTERS  -19- STATE OF TENNESSEE COUNTY OF BRADLEY Before me, - - - - - - - - - ~ a Notary Public in and for the State and County aforesaid, personally appeared BRENT L. WINTERS, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged that he executed the foregoing instrument as his free act and deed and for the purposes contained herein. WITNESS my hand and seal at office this the _ _ _ day of _ _ _ _ _ _ _ __, 2019. Notary Public My Commission expires: _ _ _ _ _ __ -20- I