Cleveland City Council

p. 647 REGULAR SESSION OCTOBER 28, 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, OCTOBER 28, 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 Melinda Carroll; City Attorney John Kimball; Christy Brandon, Assistant City Clerk; Jonathan Jobe, Director of Development and Engineering; Mark Fidler, Jetport Director; Kim Spence, Human Resource Director; Jason Bennett with Parks and Recreation; Fire Chief Ron Harrison; Sue Zius, Assistant to the Mayor/Legislative Liaison; Kay Horner; Brian Hendrickson; Connie Gatlin; Mark Scully; Paige Queens; Taylor Koch; Whitney Ridet; Phil Dalton; Michele Mummert; Kevin Roberts; Jim Veenstra; Maureen Pettigrew; Christine Williams; Kim Hartwig; Christi Reagan; Rachel White; Mike Griffin; Kathy Devine; Bart Bordon and Tad Bacon with Cleveland Utilities; Hal Taylor with Cleveland City Schools; Mike Griffin and Melissa Woody with the Chamber of Commerce; Bethany McCoy with Lee University; Tim Sinead with The Cleveland Daily Banner. Following the Pledge of Allegiance to the American Flag and prayer by Pastor Kay Horner with Awakening America Alliance, 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 September 23, 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 Pastor Lovingood with First Baptist Church stated 2,000 church volunteers during the Go and Serve with 113 projects across the community. Many volunteers helped paint at Deer Park and it was a great day for our City. Mayor Brooks thanked Pastor Lovingood and the volunteers for their community work in the City with Spirit. Mr. Fivas stated the 50 volunteers helped save city staff over 200 workhours and finished off the park. It was immeasurable on how much they helped the City prepare for the grand opening of the park. 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 Officers Jonathon Dean, James Nelms, Seth Snyder, Nathan Hartwig, Tylor Doss, Joshua Day and Bryan Reagan and welcomed them to the Cleveland Police Department. Connie Gatlin with Art Is Here made the following presentation to the City Council. Mr. Mayor….Mr. City Manager…Councilmen… I stand before you with members of a group we call “Art Is Here”…and we thank you for this opportunity to share our thoughts. We live in such an incredible corner of the planet…the mountains surrounding and guarding us….the rivers bordering us and providing sparkle to summer days and cooling recreation for our families…the rich tapestry of our people…their rural upbringings and their open hearts and their loyalties to the land…and the solid foundation of faith that supports us and sustains us and gives us wisdom as we –all of us –walk hand in hand into the 21st century. 2020…just a few days away…we are 1/5 of our way into the ever-present…ever pressing…ever demanding 21st century. As we make our way through this current century, Cleveland and Bradley County p. 648 REGULAR SESSION OCTOBER 28, 2019 PAGE -648- MINUTE BOOK 29 present a beautiful puzzle of interwoven pieces that we labor hard to maintain….we struggle to keep the pieces interconnected…that we tweak and refine and ever seek to improve…this puzzle that represents our lives…this puzzle that claims our hearts…and this puzzle that defines our moment—and it is just a moment---but it is our moment…on this planet… However…there is a missing piece of this puzzle. There is a missing piece. It’s not an entrepreneurial piece…Cleveland literally gave birth to the stove industry…and at one time Cleveland was homebase to 15 fortune 500 industries. We have an enviable unemployment rate. That entrepreneurial piece is definitely not missing. It’s not an educational piece. Cleveland—from it’s very early days--has always been defined by our schools and academies and colleges and now a university. The teachers and educational leaders who daily touch the lives of hundreds of our children and our youth make marks and grooves into the souls who will one day take our place in the factories and the Council boards that lead our home into the next phase of life on this planet. That educational piece is definitely not missing. It’s certainly not a heart and spirit piece. Some years back a motto for our city was adopted…and the phrase that bubbled to the top amidst a great and varied number of contributed thoughts…was “The City with Spirit”. We have all seen that spirit overflow from our hearts in so many ways…from years and years ago when the story of poor Melisha Gibson made all of us more aware of the plight of abused and neglected children…to the multitude of contributions and gifts that bring a little and life to the less fortunate or to the stricken…like our dear Olivia. Our city has a big heart….and we’re full of spirit…spirit that comes from within…and spirit that comes from above… That spirit piece is not our missing puzzle piece. So, what is our missing piece...it’s not the beautiful architecture of our stately historic homes. It’s not the outstanding workplace buildings for the hands that create industry and paychecks for the lives of our citizens. It’s not the structures that house our students daily…best stadiums…best gymnasiums…new classrooms keeping pace with our ever-changing world. That’s not our missing piece---or is it? Best stadiums and gymnasiums…yes…but educational theatres and performance venues---barely adequate…barely adequate. Collegiate theatres – one….and expensive to rent. One week…six days…five thousand dollars. Community, city-wide performance venues – non-existent. None. Zero. This is our missing piece! This…….is our missing piece. I am currently in that decade where I look around and wonder…how did we get here so fast!??! In two shakes of a lamb’s tail it will be 2020…and then 2050…and then most of us will no longer be on this planet. What you do in your service here will affect this community for generations to come. The decisions you make in your tenure here will have an impact on the men and women who will one day sit in those seats you now occupy. We would like to prayerfully encourage you to take a close look at the suggested revitalization plan that is being looked at….being studied….being considered…and we suggest to you that it indeed does have a missing puzzle piece. Most artists do not run for offices…or sit on councils…or take the time to involve themselves overmuch with city or county governments…and it is not because they’re not interested…they just have no extra time. They are inundated with rehearsals and with directing choirs and with leading orchestras and with writing the music for the next generation’s Red Back Hymnal. They are busy, but their impact cannot be denied. In fact, the impact of the arts is undeniable as it enriches the lives of students…as it creates empathy and understanding in all of us…and as it enlivens the worship sanctuaries all across our county…as it brings more money into the restaurants and deli’s and gift shops and the gas stations of our city…and as it gives depth and dimension to any community that makes a way and makes a place for the arts. Cleveland, Tennessee needs a performing arts venue…and it is time. We—and hundreds of like- minded artists—implore you to take this idea into serious consideration. It’s time. This p. 649 REGULAR SESSION OCTOBER 28, 2019 PAGE -649- MINUTE BOOK 29 consideration…this idea…this task…has come to you… We stand ready to assist…to help… to work…to run…to walk…to crawl…to see this spark become a reality. Your grandchildren’s grandchildren will thank you. Gentlemen, it’s time. This is your piece of the puzzle. The City Council and Mayor Brooks thanked Ms. Gatlin for her speech to make the community aware of the Arts. HEARING PETITIONS AND COMMUNICATIONS Mayor Brooks stated today’s meeting is being held as a public hearing to hear public comments concerning a resolution to annex about 1.00 acres located at 192 Finnell Rd NW and a resolution to adopt a Plan of Service for the annexation area. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 7-0-1-1; 1 recused, 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition of the approval of the annexation and Plan of Service. No one spoke. Mayor Brooks then declared the public hearing to be closed. Mayor Brooks stated today’s meeting is being held to hear public comments concerning the zoning of about 1.00 acres located at 192 Finnell Rd NW from the unincorporated county to R1 Single Family Residential Zoning District. Corey Divel gave a brief staff report and stated it was approved by the Planning Commission 7-0-1-1; 1 recused, 1 member absent. Mayor Brooks asked if anyone would like to speak in favor of the approval of the zoning. No one spoke. Mayor Brooks asked if anyone would like to speak in opposition to the approval of the zoning. No one spoke. Mayor Brooks declared the public hearing to be closed. Mayor Brooks announced he is reappointing Amy Banks, Joe Benjamin, Larry Presswood, Dale Hughes and Will Jones to the Shade Tree Board for additional 2-year terms to expire August, 2021. Mayor Brooks stated we have received a letter from TVA concerning notification of the East Cleveland Primary-Georgetown Transmission Line Replacement. A copy was placed in the packet. CONSENT AGENDA Councilman Hughes moved to approve the following items from the Consent Agenda: • Resolution No: 2019-97 – Authorizing an application for the Public Entity Partners Property Conservation matching grant program (50/50; city match $5,000). RESOLUTION NO: 2019-97 A RESOLUTION AUTHORIZING THE CITY OF CLEVELAND TO PARTICIPATE IN THE PUBLIC ENTITY PARTNERS “PROPERTY CONSERVATION" MATCHING GRANT PROGRAM WHEREAS, the citizens of the City of Cleveland have entrusted this administration with the care and custody of city-owned property; and WHEREAS, all efforts shall be made to protect city-owned property from various perils that may arise for the City of Cleveland; and WHEREAS, Public Entity Partners seek to encourage members with property coverage to develop and implement a property conservation program by offering the Property Conservation Matching Grant Program; and WHEREAS, the City of Cleveland desires to participate in this important program. p. 650 REGULAR SESSION OCTOBER 28, 2019 PAGE -650- MINUTE BOOK 29 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE, THAT: The City of Cleveland is hereby authorized to submit an application for Property Conservation Matching Grant Program through the Public Entity Partners for an award of $5,000. The City agrees that if the award is obtained, matching funds in an amount not to exceed $5,000 will be provided. Adopted this 28th day of October, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-98 - Requesting the members of the Legislative Delegation to the General Assembly to co-sponsor and support a joint resolution to restore the Emergency Communications Service Charge (911 Fee) to the monthly rate of $1.50. RESOLUTION NO: 2019-98 A RESOLUTION TO REQUEST MEMBERS OF THE LEGISLATIVE DELEGATION TO THE GENERAL ASSEMBLY TO CO-SPONSOR AND SUPPORT A JOINT RESOLUTION TO RESTORE THE EMERGENCY COMMUNICATIONS SERVICE CHARGE (“9-1-1 FEE”) TO THE MONTHLY RATE OF $1.50. WHEREAS, the General Assembly authorized the 9-1-1 fee to be $1.50/month in 1998, as then applicable to residential phone lines, at the onset of the cellular phone era; and WHEREAS, in 2014, the 9-1-1 fee was reduced to $1.16; and WHEREAS, local governments created Emergency Communications Districts (“ECDs”) to provide the life-saving 9-1-1 service for all residents in their Districts, contribute property taxes for this purpose, and require adequate user funding for this essential duty; and WHEREAS, pursuant to the authority of T.C.A. 7-86-128 (b) (1), the Tennessee Emergency Communications Board (“TECB”), following public hearing, properly adopted a recommendation to restore the monthly 9-1-1 fee to $1.50, which must be approved by a Joint Resolution of the State Senate and House of Representatives. NOW, THEREFORE, BE IT RESOLVED BY THIS LEGISLATIVE BODY, IN SESSION ASSEMBLED: That the City Council of the City of Cleveland, Tennessee hereby requests that a copy of this resolution be sent to members of the State Senate and House of Representatives that represent, in whole or in part, this jurisdiction; and, further, that the City Council of the City of Cleveland, Tennessee hereby requests each such member of the General Assembly to co-sponsor and support the Joint Resolution to restore the 9-1-1 fee, as stated above. BE IT FURTHER RESOLVED THAT THIS RESOLUTION TAKE EFFECT FROM AND AFTER ITS PASSAGE, THE PUBLIC WELFARE REQUIRING IT. p. 651 REGULAR SESSION OCTOBER 28, 2019 PAGE -651- MINUTE BOOK 29 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-99 - Authorizing the Mayor to sign the driver safety awareness grant contract with the Tennessee Department of Safety and Homeland Security to be uses for driving awareness courses at local schools. RESOLUTION NO: 2019-99 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2020 STATE OF TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY DRIVER SAFETY AWARENESS GRANT WHEREAS, the State of Tennessee Department of Safety and Homeland Security through the Tennessee High is sponsoring competition for $23 million in federal grant funds to be distributed statewide from the National Highway Traffic Safety Administration for the 2019- 2020 Federal Fiscal Year. Grant funding is available for traffic safety programs, public awareness campaigns, impaired driving, highway safety education, occupant protection, speed enforcement as well as pedestrian and bicycle safety; and WHEREAS, the City Council of the City of Cleveland, Tennessee desires to authorize City staff to accept the grant funding, 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 awarded to the City by the Tennessee Department of Safety and Homeland Security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, Tennessee that the Mayor and City staff be authorized to sign and accept the grant with the State of Tennessee Department of Safety and Homeland Security 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 is 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 Safety and Homeland Security. Adopted this 28th day of October 2019 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-103 – Accepting Middleton Lane, located in Kensington Park Phase 2, as a city street. RESOLUTION NO: 2019-103 WHEREAS, Kensington Park subdivision is a cluster development located in the City of Cleveland; and WHEREAS, Kensington Park, Phase 2, is shown on a final plat recorded in the Bradley County Register of Deeds office at Plat Book 32 Page 115; and p. 652 REGULAR SESSION OCTOBER 28, 2019 PAGE -652- MINUTE BOOK 29 WHEREAS, Middleton Lane is a street located within this development and is depicted on this Plat; and WHEREAS, the developer has requested that the City accept Middleton Lane as a City street; and WHEREAS, the City's engineering staff has inspected Middleton Lane and is now recommending that the City accept Middleton Lane (approximately 350 linear feet) as a City street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cleveland, in regular session assembled, that the City does hereby accept Middleton Lane as a City street. This 28th day of October 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-104 – Amending the current lease agreement with the Soccer Association and transferring the ownership of the concession building to the City. RESOLUTION NO. 2019-104 WHEREAS, on June 22, 2015, the City of Cleveland and the Greater Cleveland Soccer Association, Inc. entered into a Lease Agreement; and; WHEREAS, Greater Cleveland Soccer Association, Inc. has recently requested that the City assume ownership of the concession/restroom building located on the leased premises; and WHEREAS, the City Manager and the City's Parks and Recreation Director have met with representatives of the Greater Cleveland Soccer Association, Inc. to discuss an amendment to the current lease agreement between the parties which amendment is attached hereto and incorporated herein by reference; and WHEREAS, the City Council desires to accept ownership of the concession/restroom building located on the leased premises and to approve of this lease amendment and to authorize the Mayor to execute the lease amendment on behalf of the City. 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 accept ownership of the concession/restroom building located at the soccer complex, and the Council further approves of the attached lease amendment with Greater Cleveland Soccer Association, Inc. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 28th day of October, 2019 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 653 REGULAR SESSION OCTOBER 28, 2019 PAGE -653- MINUTE BOOK 29 • Resolution No: 2019-105 – Authorizing the Mayor to sign an agreement with AirMed Care Network. RESOLUTION NO: 2019-105 WHEREAS, the City has received the attached proposal and agreement for a one-year renewal for AirMedCare Network Municipal Site Membership from Air Medical Group Holdings, Inc. doing business as the AirMedCare Network (hereafter referred to as the AirMedCare Network); and WHEREAS, the proposal to the City Council provides for air ambulance transportation for medical necessity by LIFE FORCE or any other AirMedCare Network Provider for transports of city residents from a pickup location in Bradley County, Tennessee, subject to the standard terms and conditions of the proposal to the City which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has reviewed the proposal and now desires to accept the proposal and to enter into the attached agreement with the AirMedCare Network, 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 accept the proposal and approve of the attached agreement with Air Medical Group Holdings, Inc. doing business as the AirMedCare Network, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 28th day of October, 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-106 – Authorizing the Mayor to sign a lease agreement with Leah Amy Card-Lillios L.P., for the City to lease a portion of property to construct and maintain several public parking spaces at First Street Square. RESOLUTION NO. 2019-106 WHEREAS, in connection with the City’s on-going downtown re-development efforts, the City Manager and City staff have been in discussions with the owners of the real property located at 240 1st Street NE about the possibility of a long term lease agreement between the City and the owner of the property, Leah Amy Card Lillios, L.P., for certain land to be leased by the owner to the City to be used by the City for additional public parking adjacent to First Street Square; and WHEREAS, in connection with this project, the City Manager is recommending that the City enter into the attached Lease agreement with Leah Amy Card Lillios, L.P for this project; and WHEREAS, the City Council now desires to accept the proposed lease agreement with Leah Amy Card Lillios, L.P 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 lease agreement with Leah Amy Card Lillios, L.P for the referenced project described p. 654 REGULAR SESSION OCTOBER 28, 2019 PAGE -654- MINUTE BOOK 29 herein, and it further authorizes the Mayor to execute the agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 28th day of October 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-107 – Authorizing the Mayor to sign an amended agreement with Tyler Technologies to include the software EnerGov for the Development and Engineering Department. RESOLUTION NO. 2019-107 WHEREAS, the City Manager, City Clerk, Development and Engineering Director and the City’s information technology department has been investigating various options to update and replace the City’s financial software package to replace the City’s existing software (hereafter "the Project"); and WHEREAS, in connection with said project, the City Manager, the City Clerk, the Development and Engineering Director, and the City’s information technology department recommend amending the License and Services agreement with Tyler Technologies, Inc. to include the software EnerGov for the Development and Engineering Department; and WHEREAS, the City Council now desires to accept the amended agreement with Tyler Technologies, 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 amended agreement with Tyler Technologies, Inc. for the referenced project described herein, and it further authorizes the Mayor to execute the amended agreement on behalf of the City of Cleveland. [On file in the City Clerk’s Office.] This 28th day of October 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk • Resolution No: 2019-108 – Amending the Authorized Positions List for the FY2020 Budget. RESOLUTION NO: 2019-108 A RESOLUTION TO AMEND THE AUTHORIZED POSITIONS LIST FOR THE FY2020 BUDGET WHEREAS, the City Council of the City of Cleveland has previously established and adopted the FY2020 City Budget; and p. 655 REGULAR SESSION OCTOBER 28, 2019 PAGE -655- MINUTE BOOK 29 WHEREAS, the City Budget contains the “Authorized Employees By Fund, Department, and Position Classification” and the “Schematic List of Classes Grouped by Grade”; and WHEREAS, the City Manager is recommending that the City Council approve of modifications to these lists as set forth in the City Manager’s memorandum to the Mayor and City Council dated October 28, 2019 which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the document entitled “Authorized Employees by Fund, Department, and Position Classification” located on pages 74 through 77 of the FY2020 City Budget is hereby amended to reflect the changes included in the attached memorandum. Section 2. That the document entitled “City of Cleveland, Tennessee Schematic List of Classes Grouped by Grade FY20 Salary Ranges” located on pages 78 through 82 of the FY2020 City Budget is hereby amended to reflect the changes included in the attached memorandum. That this Resolution shall become effective from and after its approval by the Cleveland City Council. Adopted this 28th day of October, 2019 APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: October 28, 2019 RE: Changes in Positions SUMMARY: Cleveland Police Department Staff is requesting changes to change the title of the current Support Services Manager position to Administrative Services Manager. This would allow a grade increase from 27-8/9 to 28-7/8. This position will be taking on significate new responsibilities dealing with outside vendors. This would take effect on 11/3/19. Parks & Recreation Staff is requesting changes to change the title of our General Support I employee to the title of Parks Operational Manager. This would allow a grade increase from 26-5 to 27-4. This position will be taking on significant new responsibilities dealing with management of staff and new playground certifications. This would take effect on 11/3/19. Parks & Recreation Staff is requesting to eliminate one empty fulling funded position of General Supervisor I/Playground Inspector to be able to hire one additional Public Service Worker and one additional MEO I position. This modification will be revenue neutral from a salary perspective. We have added p. 656 REGULAR SESSION OCTOBER 28, 2019 PAGE -656- MINUTE BOOK 29 two new parks, the tennis complex area, and more maintenance at Deer Park and Stuart Park. This position will assist in the maintenance of our park system. These positions will be filled later in this fiscal year. Administration Staff is requesting a new position to assist with billing and payroll functions. This position was always done with 2.5 FTE’s and this would supplement additional duties given to this department. This is only a level 22 position and will be administrative in function. This position fill not be filled until after 1/1/20. COMMITTEE FINDINGS: None FISCAL ANALYSIS: These changes are covered by the current budgets of these departments and the projected hire changes. It will slightly increase overall budgets in future years. RECOMMENDATION: Staff recommends approval of these changes to the authorized employee lists. • Street Light Recommendation – Tony Robillard at 2230 Brentwood Drive NW (Cleveland Utilities recommends no additional lighting; meet’s city street lighting guidelines. Tree trimming is recommended, which will be conducted by city staff). • Street Light Recommendation Phyllis Bradley at 4075 Forest View Drive NW (Cleveland Utilities recommends no additional lighting; meet’s city street lighting guidelines. Fixtures can be upgraded to 45-watt LED fixtures if desired). • Appointment – Animal Shelter Board – Dr. Jim Lane for an additional three-year term to expire April 2022. • Appointment – Animal Shelter Board – Cindy Dees for a three-year term to expire June 2022. • Appointment – Stormwater Regulations Board – Chris Berry for a four-year term to expire December 2023. • Reappointment – Vacant Property Review Board – Jeff Morelock for an additional two-year term to expire May 2021. • Appointment – Vacant Property Review Board – Dustin Tommey for a two-year term to expire May 2021. • Reappointment – Vacant Property Review Board – Heath Grisham for an additional two-year term to expire May 2021. • Reappointment – Beer Board – Ellie St. Pierre for an additional two-year term to expire July 2021. • Reappointment – Beer Board – Donald Humes for an additional two-year term to expire July 2021. • Surplus Property – Declaring property located at 655 Weeks Drive (042O E 001.00); old fire training site) as surplus property and to approve the method of disposal by public auction. • Motion – Extending the current banking services agreement with Bank of Cleveland from February 2020 to August 2020. • Motion – Dissolving the Mechanical Board, Plumbing Board and Housing Board of Appeals and making the Building Board of Adjustments and Appeals as the sole appeal board. • Bid Report – 25th/Peerless Road Intersection Improvements. p. 657 REGULAR SESSION OCTOBER 28, 2019 PAGE -657- MINUTE BOOK 29 AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Kristi Powers, Purchasing Coordinator DATE: October 28, 2019 RE: Bid Summary – 25th St & Peerless Rd Intersection Improvements SUMMARY: Sealed bids were received on October 21, 2019, for 25th St & Peerless Rd Intersection Improvement project. One bid was received and is listed below: • Summers Taylor, Inc. Elizabethton, TN $ 470,350.80 (Total Bid) $ 93,510.00 (Deductive Alternate) COMMITTEE FINDINGS: No Board or Committee findings. FISCAL ANALYSIS: Bid exceeds funds available. RECOMMENDATION: Staff recommends rejecting bid. Project will be rebid at a later date. The motion to approve the consent agenda was seconded by Councilman Webb; and upon roll call, unanimously passed. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Cassada asked for an update on the Candies Lane project. Mr. Jobe stated the gas company hit bedrock, which will delay completion of the project until at least February or the first of March. Councilman Cassada then asked if anyone was aware of the opening for Erlanger Medical Office off Paul Huff Parkway. Mr. Fivas stated we have not seen a request for a certificate of occupancy, but we can call to get an update. Councilman May inquired of the status of the building at 1st and Church Street. Mr. Kimball replied there is nothing new. The Court of Appeals heard the argument in October. It could be January or February before they issue a decision. If they uphold the Chancellor’s decision, the last avenue for Mr. Williams would be to seek a discretionary review from the Supreme Court. He would have 60 days from the Courts decision to file. Councilman May then stated he is amazed at the quality of people the Police Department has with new recruits, along with other departments. Most of them have military service and degrees. We have created good benefits but a lot of it is due to staff management, Department Heads and creating departments that the young people want to work in. He is extremely pleased with our new officers. Mr. Fivas stated he recently spoke with several other City Managers, who are having a hard time recruiting police officers and dealing with turnover. Chief Gibson and his team deserve a lot of credit for their workplace environment. Councilman May stated Cleveland is a great place to live and work. We are attracting the right people. Councilman Hughes stated Renee Curry with Isaiah 117 House, which helps children until they are placed in a foster home, held a fundraiser on October 24. It was held at First Baptist Church and within one hour $77,000 was raised, with an additional $10,000 within p. 658 REGULAR SESSION OCTOBER 28, 2019 PAGE -658- MINUTE BOOK 29 another thirty minutes. It was the first piece of the project. Next, is building a house. They are looking for contractors, electricians and plumbers to help. Currently, there are six houses in the making and the Governor would like a house in every County. He then asked if Ms. Curry would attend the November 18 meeting to give the City Council an update. Mr. Fivas stated he would be in contact with Ms. Curry. Councilman Webb stated he had hoped to have an update on the Wi-Fi Task Force, but Chairman Jeff Cocks was unable to attend today. However, they did discover a gap in our students in the City Schools that do not have internet access at home. They estimate it is approximately 50% of students. They would like to form a subcommittee of leaders from the community to study this issue to see if something can be done to improve those numbers. The following people have agreed to serve: Ron Braam, Rick Platz, Lynn Voelz, Chris Anziano, Duane Thompson, Cathy Barrett, Rodney Fitzgerald, Prisavia Croft, Andrew Phillips, Doug Berry, Jake Stum, Dustin Tommey, Chuck Shoopman, Russell Dyer and Ken Webb. Vice Mayor Johnson inquired about the Waterville Golf Course water supply and if we potentially sell the golf course, he asks that the portion with the water supply is not sold. Mr. Fivas stated at this time we are not entertaining the conversation of selling. This RFP is to allow someone to manage the city owned golf course, similar to the same arrangement we have now. We are accepting proposals and if someone has a great proposal for a nine-hole course the Council will listen to their presentation. We just want the best option on how to manage this course. Councilman Webb stated several years ago, Cleveland Utilities purchased the 5-acres to protect the water supply. Councilman Hughes stated the manager at Chatata Valley Golf Course, Joe Starr, could be interested in managing our course. Mr. Fivas stated we have discussed it and we will call all surrounding courses to make sure they are aware we are looking for proposals. Councilman Estes welcomed Dr. Mark Scully and Lee University students, who are part of a Public Administration group that would like to become Public Administrators. NEW BUSINESS AND ORDINANCES The following Resolution was then presented in full: • Resolution No: 2019-100 – Authorizing the Mayor to sign a PILOT Agreement with Triumph Sheets. RESOLUTION NO: 2019-100 A RESOLUTION APPROVING A PAYMENT-IN-LIEU-OF TAXES (PILOT) SCHEDULE AND DELEGATING AUTHORITY TO ENTER INTO A PILOT AGREEMENT WHEREAS, he Industrial Development Board of the County of Bradley and the City of Cleveland, Tennessee (the "Board") has recommended a Payment-In-Lieu-Of-Taxes ("PILOT") schedule for Triumph Sheets, LLC (the "Company") which has expressed interest in the acquisition of certain property within the City of Cleveland, Bradley County, Tennessee, the construction of real improvements thereon, and the acquisition and installation of certain machinery, equipment and other personal property for use as manufacturing, warehouse, distribution, and related facilities in Bradley County, Tennessee with a capital investment of approximately (but not limited to) $39,000,000 (the "Project"); WHEREAS, the Project is anticipated to result in the creation of 50 new full-time positions; WHEREAS, the Company has requested that all real and personal property acquired in connection with the Project (collectively, the "Property") qualify for an arrangement (the "PILOT Arrangement") whereby the Property shall be exempt from all ad valorem property taxes p. 659 REGULAR SESSION OCTOBER 28, 2019 PAGE -659- MINUTE BOOK 29 otherwise due thereon (collectively, "property taxes"), and in lieu of the property taxes, the Companies shall be required to make annual payments in lieu of taxes equal to sixty-two and one-half percent (62.5%) of the property taxes otherwise due on the Property during the seven- year period commencing on January 1, 2020 and ending on December 31, 2026; WHEREAS, the Board has determined that, notwithstanding the PILOT Arrangement, the Project will result in the payment of in lieu of tax payments to the City of Cleveland, Tennessee and Bradley County, Tennessee in an estimated amount of $1,424,490 over the same seven-year period; and WHEREAS, the City of Cleveland, Tennessee (the "City") has determined that the proposed PILOT Arrangement is fair, reasonable, and necessary for the continued economic development of Bradley County and that the payments in lieu of taxes derived from the PILOT Arrangement would be in furtherance of the Board’s purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of Cleveland, Tennessee as follows: Section 1. The City hereby agrees to the PILOT Arrangement and hereby delegates the power and authority to the Board to negotiate a PILOT agreement with the Company to reflect the parties' respective rights and obligations in accordance with the PILOT Arrangement. Section 2. The City hereby authorizes the Mayor to execute any and all documents necessary for the successful completion of the Project, including but not limited to, all documents related to the PILOT Arrangement. Section 3. This Resolution shall become effective upon its adoption. Adopted this 28th day of October , 2019. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Councilman Estes moved that Resolution No: 2019-100 be accepted as presented. The motion was seconded by Councilman May; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-101 – Adopting a Plan of Service for the annexation of about 1.00 acres located at 192 Finnell Rd NW (Planning Commission: Approved 7-0-1-1; 1 recused, 1 member absent). RESOLUTION NO: 2019-101 A RESOLUTION APPROVING A PLAN OF SERVICES FOR A PROPOSED ANNEXATION OF TERRITORY INTO THE CITY OF CLEVELAND BY OWNER CONSENT 192 FINNELL RD NW ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries by owner consent; and p. 660 REGULAR SESSION OCTOBER 28, 2019 PAGE -660- MINUTE BOOK 29 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 October 28, 2019 at the Cleveland Municipal Building, 190 Church St NE, on the proposed annexation of territory by owner consent, and Plan of Services, to wit: Beginning at an iron pin located at the southeast corner of the lands of Jenkins, as recorded in BCROB deed book 2322 page 204; thence along a left handed curve A=216.71’ R=4028.27’ C=216.68’ north 57 degrees 49 minutes 1 second west to an iron pin; thence north 24 degrees 39 minutes 26 seconds east, 202.82 feet to an iron pin; thence south 58 degrees 29 minutes 30 seconds east, 219.16 feet to a point; thence south 25 degrees 26 minutes 1 seconds west, 205.08 feet to the point of beginning. B. That a copy of this Resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the City of Cleveland, and by publishing notice of the Resolution at or about the same time in the Cleveland Daily Banner, a newspaper of general circulation in such territory and the City of Cleveland. C. That notice of the time and purpose of a public hearing on the proposed annexation by owner consent and the Plan of Services shall be published in a newspaper of general circulation in the City of Cleveland not less than fifteen (15) days before the hearing, which notice included the locations of a minimum of three (3) copies of the Plan of Services for public inspection during all business hours from the date of notice until the public hearing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk SEPTEMBER 11, 2019 192 FINNELL RD ANNEXATION ANALYSIS PLAN OF SERVICE CITY OF CLEVELAND, TENNESSEE The City of Cleveland, Tennessee is pursuing the annexation of approximately 1.00 acres located at 192 Finnell Rd 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. p. 661 REGULAR SESSION OCTOBER 28, 2019 PAGE -661- MINUTE BOOK 29 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. The property consists of one parcel containing one manufactured dwelling. Two new residential dwellings are anticipated post annexation. The property is described as Tax Map 40 Parcel 26.15. 192 Finnell Rd NW Legal Description Beginning at an iron pin located at the southeast corner of the lands of Jenkins, as recorded in BCROB deed book 2322 page 204; thence along a left handed curve A=216.71’ R=4028.27’ C=216.68’ north 57 degrees 49 minutes 1 second west to an iron pin; thence north 24 degrees 39 minutes 26 seconds east, 202.82 feet to an iron pin; thence south 58 degrees 29 minutes 30 seconds east, 219.16 feet to a point; thence south 25 degrees 26 minutes 1 seconds west, 205.08 feet to the point of beginning. Plan of Services p. 662 REGULAR SESSION OCTOBER 28, 2019 PAGE -662- MINUTE BOOK 29 1. Police Protection Patrolling, radio response to calls and other routine police services using the City’s personnel and equipment will be provided on the effective date of the annexation. There is no additional cost expected from this annexation. 2. Fire Protection The Cleveland Fire Department could provide immediate service to this parcel from our current station on Freewill Rd. Providing service to this parcel would have no budgetary impact on the Fire Department. 3. Domestic Water, Sanitary Sewer Service, and Fire Hydrants A. Domestic Water--- Water service is available to this parcel. B. Sanitary Sewer--- This parcel is shown on Final Plat of Stone Creek Subdivision, Phase 5 as three lots (Lots 62, 63 and a Common Area). Sewer service is available near in Stone Creek Subdivision (near Lots 49/50) on Blake Stone Drive. Sewer service to Lots 62, 63 and Common Area is available via grinder pump from the existing sewer in Blake Stone Drive (Stone Creek Subdivision). C. Fire Hydrants--- This parcel is shown on Final Plat of Stone Creek Subdivision, Phase 5 as three lots (Lots 62, 63 and a Common Area). A fire hydrant is located at the end of Blake Stone Drive. If it is determined that a fire hydrant is needed closer to Lots 62 and 63, a new water main would be constructed from Blake Stone Drive cul-de-sac, through Lots 49/50 and Lots 62/63 and connect to the water main on Finnell Road. A new hydrant would be installed on Finnell Road. The water main extension would also include one (1) fire hydrant. It is estimated to cost $15,000 and would be available in eight (8) years. SUMMARY OF COSTS Location Domestic Sanitary Fire Total Water Sewer Hydrants Finnell Road $0 $0 15,000 $15,000 4. Electric Service This property is currently served by Cleveland Utilities Electric Division. No additional costs are anticipated. 5. Public Works A. Refuse Collection a. Current city policies regarding residential, commercial and industrial refuse will apply in p. 663 REGULAR SESSION OCTOBER 28, 2019 PAGE -663- MINUTE BOOK 29 all proposed areas per the terms of the City’s contract with Waste Connections of Tennessee, Inc. b. The City no longer provides curbside recycling and this service will not be provided in the proposed areas, unless the City Council initiates a program in the future. B. Route Collection Services a. Current city policies regarding residential debris, brush, and white good collections will apply in all proposed areas and will begin at the time of annexation. Each residence will be included in the City’s ten route collection system. No additional equipment or manpower will be needed at this time. b. The current city policies regarding residential leaf collection will be provided annually for a period of approximately three months and will apply in all proposed areas. C. Street Repair and Maintenance a. Emergency maintenance of city streets (i.e. repairing hazardous potholes) within the proposed areas will begin at time of annexation. b. Routine maintenance of local streets in the proposed areas will be scheduled on the same basis as such maintenance in the rest of the City. c. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such substantial improvements in the proposed areas (where identified as needed by the governing body) will be accomplished in accordance with the priorities and policies established for the entire city. d. It appears that no street name signs or street striping/painting is needed at this time for the proposed areas. D. Stormwater and Drainage Services No major drainage problems were identified in these areas. Emergency drainage maintenance (i.e. cleaning catch basins, unstopping tile, installing drainage tile and/or catch basins) within these areas will begin at time of annexation. E. General Rights-of-Way Maintenance (i.e. street sweeping, snow removal) a. Current city policies for routine street sweeping will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. b. Current city policies for snow removal and salting will be scheduled on the same basis as in the rest of the City and will apply in all proposed areas. 6. Schools The current cost to the school system is $976.59 per student per year. Minimal additional costs are anticipated. 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. p. 664 REGULAR SESSION OCTOBER 28, 2019 PAGE -664- MINUTE BOOK 29 B. This property is currently zoned FAR Forestry/Agricultural/Residential Zoning in the unincorporated County. The property is proposed for R1 Single Family Residential Zoning District as its post-annexation zoning. C. In the case of lots of record that are recorded prior to the effective date of annexation, if there are prevailing deed or subdivision restrictions on record, these deed or subdivision restrictions shall apply if in conflict with City zoning or subdivision regulations. 8. Animal Shelter The City operates a full-time animal control program including an animal shelter. The Animal Shelter is located on Hill Street SE. Services include pick-up of stray and/or dangerous animals. These services will be available to the annexation areas on the effective date of the annexation. 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 is expected to add approximately 6 residents to the 3rd City Council District. 10. Stormwater a. The City of Cleveland Stormwater Utility Fee is based on impervious area. The fee is billed on the Cleveland Utilities monthly water bill. The monthly fee will be $1.63. b. All new development will need to adhere to the City of Cleveland Stormwater Ordinance. c. The City of Cleveland is now a Qualified Local Program (QLP). All development needing the Tennessee Department of Environment and Conservation (TDEC) Construction General Permit coverage will submit all required documentation and fees to the City of Cleveland only. Revenue The property currently has one manufactured home with a total assessed value of $31,300. At the City’s current tax rate this would result in approximately $161.20 in annual property tax. p. 665 REGULAR SESSION OCTOBER 28, 2019 PAGE -665- MINUTE BOOK 29 With the existing one residential unit and approximately 2.5 residents per structure the annexation would add an additional 3 residents. The current state shared appropriation is $115.75 per resident which would result in approximately $347.25 a year. Under existing conditions, the total revenue generated as a result of this annexation would be approximately $508.45. With the expected two new homes on the site conservatively estimated at a value of $225,000 each, property tax revenue for both homes would be approximately $2,317.50. With an estimated 6 residents in annexation area after being developed the state shared appropriation would be approximately $694.50. Total revenue generated as a result of this annexation after being developed with two new homes would be approximately $3,012.00. Councilman Webb moved that Resolution No: 2019-101 be accepted as presented. The motion was seconded by Councilman Hughes; and upon roll call, unanimously passed. The following Resolution was then presented in full: • Resolution No: 2019-102 – Annexing about 1.00 acres located at 192 Finnell Rd NW (Planning Commission: Approved 7-0-1-1; 1 recused, 1 member absent). RESOLUTION NO: 2019-102 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 192 FINNELL RD NW ANNEXATION AREA WHEREAS, the City of Cleveland, having been petitioned by interested persons, proposes the extension of its corporate limits by the annexation of certain territory adjoining its existing boundaries and within its urban growth boundaries; 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 p. 666 REGULAR SESSION OCTOBER 28, 2019 PAGE -666- MINUTE BOOK 29 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 October 28, 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 an iron pin located at the southeast corner of the lands of Jenkins, as recorded in BCROB deed book 2322 page 204; thence along a left handed curve A=216.71’ R=4028.27’ C=216.68’ north 57 degrees 49 minutes 1 second west to an iron pin; thence north 24 degrees 39 minutes 26 seconds east, 202.82 feet to an iron pin; thence south 58 degrees 29 minutes 30 seconds east, 219.16 feet to a point; thence south 25 degrees 26 minutes 1 seconds west, 205.08 feet to the point of beginning. B. That the Plan of Services for this territory which is attached as Exhibit A hereto is approved and the same is hereby adopted. [On file in the City Clerk’s Office.] 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 for 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 May moved that Resolution No: 2019-102 be accepted as presented. The motion was seconded by Councilman Estes; and upon roll call, unanimously passed. The following Zoning Ordinance was then presented in full: • Zoning Ordinance No: 2019-43 – Zoning about 1.00 acres located at 192 Finnell Rd NW from the unincorporated county to R1 Single Family Residential Zoning District (Planning Commission: Approved 7-0-1-1; 1 recused, 1 member absent). ZONING ORDINANCE NO: 2019-43 AN ORDINANCE TO ZONE THE “192 FINNELL RD NW AREA” WITHIN THE CORPORATE BOUNDARIES OF CLEVELAND, TENNESSEE p. 667 REGULAR SESSION OCTOBER 28, 2019 PAGE -667- MINUTE BOOK 29 WHEREAS, a public hearing before this body was held on the 14th day of October 2019 a notice thereof published in the Cleveland Daily Banner on September 22, 2019 and WHEREAS, a Plan of Service, including a zoning plan consistent with this ordinance, for this property was adopted by Resolution No: 2019-101; and WHEREAS, this property was annexed by Resolution No: 2019-102; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the property described herein be, and the same is hereby, zoned from FAR Forestry/Agricultural/Residential Zoning within the unincorporated County to R1 Single Family Residential Zoning District within the corporate limits of the City of Cleveland. Section 2. The property shown in Exhibit “A” and shall be zoned in accordance with the legal description described in Exhibit “B”, attached hereto and made a part hereof by reference, upon the effective date of this ordinance. Section 3. Be it further ordained that this Ordinance shall take effect immediately on final reading the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk Exhibit A Exhibit B Legal Description Beginning at an iron pin located at the southeast corner of the lands of Jenkins, as recorded in BCROB deed book 2322 page 204; thence along a left handed curve A=216.71’ R=4028.27’ C=216.68’ north 57 degrees 49 minutes 1 second west to an iron pin; thence north 24 degrees 39 minutes 26 seconds east, p. 668 REGULAR SESSION OCTOBER 28, 2019 PAGE -668- MINUTE BOOK 29 202.82 feet to an iron pin; thence south 58 degrees 29 minutes 30 seconds east, 219.16 feet to a point; thence south 25 degrees 26 minutes 1 seconds west, 205.08 feet to the point of beginning. Councilman Webb moved that Zoning Ordinance No: 2019-43 be approved on first reading. The motion was seconded by Vice Mayor Johnson; and upon roll call, unanimously passed. The following Ordinance was then presented in full: • Ordinance No: 2019-44 – Amending the City Code Title 12, Chapter 10, to delete certain sections pertaining to the Mechanical Code. ORDINANCE NO: 2019-44 AN ORDINANCE OF THE CITY OF CLEVELAND TO AMEND TITLE 12, CHAPTER 10, OF THE CLEVELAND MUNICIPAL CODE TO DELETE CERTAIN SECTIONS PERTAINING TO THE MECHANICAL CODE, AND TO AMEND ANOTHER SECTION PERTAINING TO THE MECHANICAL CODE WHEREAS, the City’s Building Official has been reviewing the various codes adopted by the City, and in connection with that review, the building official is recommending that the City Council pass an ordinance to delete certain sections of the Mechanical Code and to amend another section of the Mechanical Code; and WHEREAS, based upon this recommendation by the City Building official, the City Council desires to amend Title 12, Chapter 10 of the Cleveland Municipal Code entitled “Mechanical Code”. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Cleveland, Tennessee, in regular session assembled: Section 1: Title 12, Chapter 10, of the Cleveland Municipal Code entitled “Mechanical Code” is hereby amended by deleting the following sections in their entirety: Section 12-1005 through Section 12-1013, and Section 12-1021. Section 2: Title 12, Chapter 10, Section 12-1019(1) of the Cleveland Municipal Code entitled “Mechanical Code” is hereby amended by substituting the words “Building Board of Adjustment and Appeals” for the words “Mechanical Board” in the first paragraph of Section 12-1019(1). Section 3: BE IT FURTHER ORDAINED that this ordinance shall become effective upon passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: /s/John F. Kimball ___________________________ City Attorney Kevin Brooks, Mayor ___________________________ Shawn McKay, City Clerk p. 669 REGULAR SESSION OCTOBER 28, 2019 PAGE -669- MINUTE BOOK 29 • Motion – Approving the Waterville Golf Course RFP. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Joe Fivas, City Manager DATE: October 28, 2019 RE: Waterville Golf Course RFP SUMMARY: The City’s agreement to operate Waterville Golf Course will expire on May 31, 2020. City staff has drafted a Request For Proposals to advertise for the management of the city-owned Waterville Golf Course. Our staff has drafted the RFP based on model RFP’s found around the state of Tennessee. If approved, our staff will advertise and market the availability of this golf course management for either a 9-hole or 18-hole course to local and regional vendors until December 18th. Then, staff will have a process to evaluate and make recommendations to the City Council for our next golf management contractor for January 13th Council meeting. COMMITTEE FINDINGS: None FISCAL ANALYSIS: N/A RECOMMENDATION: Staff recommends the Council’s approval of this RFP for Golf Course Management Services. Vice Mayor Johnson moved to approve the RFP for the Waterville Golf Course Management Services. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. • Motion – Approving a “No Left Turn” Sign at the corner of Paul Huff Parkway and Ben Moore Drive and other related signage to enhance the safety of this intersection. AGENDA ITEM MEMORANDUM TO: Mayor and City Council FROM: Jonathan Jobe, DES Director DATE: October 28, 2019 RE: Ben Moore Drive SUMMARY: The City Council has requested staff to look at safety issues related to Paul Huff Parkway and Ben Moore Drive. City staff has developed a long-term, phased-in, plan to address safety issues in this area. The first phase of addressing the issues presented is to place a ‘No Left Turn’ at the corner of Paul Huff Parkway and Ben Moore Drive. We’ve made efforts to contact the interested parties. p. 670 REGULAR SESSION OCTOBER 28, 2019 PAGE -670- MINUTE BOOK 29 COMMITTEE FINDINGS: None FISCAL ANALYSIS: The cost of signage would be below $500.00. RECOMMENDATION: Staff recommends the Council’s approval of placing a ‘No Left Turn’ sign at the corner of Paul Huff Parkway and Ben Moore Drive and other related signage to enhance the safety of this intersection. Staff will continue to monitor this intersection after the placement of the sign. Councilman Hughes moved to approve a “No Left Turn” Sign at the corner of Paul Huff Parkway and Ben Moore Drive and other related signage to enhance the safety of this intersection. The motion was seconded by Councilman Cassada; and upon roll call, unanimously passed. Mr. Fivas stated staff is still working on the Cherokee Hotel RFP and once completed he will email it to the City Council. He would like to have further discussion at the November 18 meeting. ANNOUNCEMENTS • City Offices will be closed Monday, November 11 due to Veterans Day. The November 11 City Council meeting will be cancelled. Due to the Thanksgiving Holiday Week, the November 25 meeting will be rescheduled to November 18 (previously announced at the August 12 City Council meeting.) • The next City Council meeting will be held on Monday, November 18. There being no future business the meeting was adjourned at 3:54 p.m. _________________________________ __________________________________ Mayor City Clerk